Petitioner sought quashing of FIR alleging mala fide. Court dismissed petition as premature, noting petitioner failed to approach competent court for interim protection under section 438 CrPC before filing this petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr. Misc. M 46191 of 2016 Date of decision: 23.12.2016
Jatinder Singh
Petitioner
vs.
State of Punjab and anr
Respondent
Present: Mr. APS Shergill, Advocate.
M.M.S.BEDI,J.
Quashing of FIR has been prayed for on the ground that the same has been registered with mala fide intention and that no offence is made out against the petitioner. On asking of the court, it has been informed that the petitioner has not approached the court of competent jurisdiction to protect his liberty.
The petition is disposed of as pre-mature without prejudice to the right of the petitioner to file an application u/s 438 Cr.P.C. to protect his liberty, in accordance with law, before the court of competent jurisdiction.
December 23 ,2016 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No
Tapinder Singh Mann 2016.12.23 14:34 I attest to the accuracy and integrity of this document
Jatinder Singh
State of Punjab
M.M.S Bedi
T.S.M Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
