Petitioner sought quashing of an FIR under Sections 498-A, 323, and 506 IPC. The High Court held that since a challan had been filed and the case was at the charge-framing stage, the remedy lay before the trial court. The petition was disposed of.
None.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 37983 of 2018 (O&M) Date of decision : 12.9.2018 ... Satish Kumar ................Petitioner
vs.
State of Punjab and another .................Respondents
Coram: Hon'ble Mr. Justice H. S. Madaan
Present: Mr. Inderjit Sharma, Advocate for the petitioner.
H. S. Madaan, J. (Oral)
By way of filing the present petition, the petitioner – Satish Kumar husband of complainant Renu Bala, prays for quashing of FIR No.62 dated 25.7.2017 for offences under Sections 498-A, 323, 506 IPC, registered with Police Station Kathunangal, Tehsil and District Amritsar. According to him the FIR has been lodged on the basis of false allegation. Nevertheless, on completion of investigation challan has been filed against the accused and now the case is stated to be at the stage of consideration on the point of framing of charge.
Under the circumstances, the petitioner is relegated to the remedy of raising all these pleas before the trial Court at the time of addressing arguments on the point of framing of charge and even if the trial Court does not agree with his contentions, he has got remedy of filing revision against the order of charge.
With such observations, the petition stands disposed of.
( H.S. Madaan ) 12.9.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No
BANITA CHUGH 2018.09.12 19:00 I am the author of this document
1 issue framed by the court
Whether the High Court should quash an FIR for offences under Sections 498-A, 323, 506 IPC when the case is at the stage of framing of charges.
Satish Kumar
State of Punjab and another
H. S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
