Dismissed

Harwinder Singh & Ors. v. State of Punjab & Other

Punjab & Haryana HC9 Dec 2014CRM-M/41202/2014

Case brief

AI extract

What is this about?

Petitioners moved under Section 482 Cr.P.C. to quash an FIR alleging false implication and interference with a civil suit. The Court held that the matter was under investigative agency review, no challan was presented, and quashing would amount to interference, dismissing the petition.

What did the court decide?

Petition for quashing of FIR dismissed; no interference with ongoing investigation allowed.

Harwinder Singh & Ors. Vs State of Punjab & Other — Quashing and FIR | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-41202 of 2014 (O&M) Date of decision: 09.12.2014.

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Harwinder Singh and others

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..Petitioners

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Versus

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State of Punjab and another

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..Respondents

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CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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1. Whether reporters of local newspapers may be allowed to see judgment?

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2. To be referred to reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Sanjiv Gupta, Advocate for the petitioner.

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Daya Chaudhary, J. (Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.157 dated 08.11.2014 registered under Sections 451, 323, 506 read with Section 34 IPC at Police Station Kotwali Nabha or in the alternative to refer the matter to Special Investigating Team or to some independent agency.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the case whereas no offence is made out under the aforesaid Sections. Learned counsel further submits that there was no injury except the bruises and FIR has been registered just to put a pressure upon the petitioners to withdraw the suit filed against the complainant. Learned counsel also submits that the dispute is between family members and the purpose

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NEETU RANI 2014.12.12 10:31 I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Misc. No. M-41202 of 2014 (O&M)

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of the complainant is to grab the land and to pressurize the petitioners to withdraw the civil suit.

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Admittedly, the matter is under investigation and it cannot be said that the Investigating Agency is going to put challan against the petitioners as the same has not been completed so far. To pass any order at this stage would amount interference with the investigation.

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Simply by raising certain apprehensions in mind that challan is going to be presented is not sufficient to quash FIR at this stage.

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Dismissed.

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09.12.2014 (DAYA CHAUDHARY) neetu JUDGE

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NEETU RANI 2014.12.12 10:31 I attest to the accuracy and authenticity of this document Chandigarh

Harwinder Singh & Ors. v. State of Punjab & Other

Case brief

What is this about?

What did the court decide?

Harwinder Singh & Ors. v. State of Punjab & Other

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Case details

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