The High Court of Punjab and Haryana dismissed a petition under Section 482 CrPC seeking quashing of an FIR. The Court held that since a cancellation report was already prepared by the investigating agency, the petition was rendered infructuous.
Petition dismissed as infructuous; liberty to avail remedy in accordance with law.
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.
253
2023:PHHC:048471
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1856-2023 Date of Decision: April 10, 2023
NARINDER SINGH
........ Petitioner
Versus
STATE OF PUNJAB AND ANOTHER
........ Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Arnav Sood, Advocate for petitioner. Mr. V.K. Gupta, AAG, Punjab. ****
HARKESH MANUJA, J. (ORAL)
By way of present petition filed under Section 482 CrPC, prayer has been made for quashing of FIR No.0018 dated 03.03.2022 registered under Section 328 IPC , P.S. Hariana, District Hoshiarpur.
Mr. Japjit Singh Johal, Advocate appears on behalf of respondent No.2 and Mr. V.K. Gupta, AAG, Punjab on instructions from ASI Satnam Singh, P.S. Hariana, Hoshiarpur informs this Court that a cancellation report has been prepared by the Investigating Agency pertaining to aforementioned FIR and the same is pending consideration with SSP Hoshiarpur. He further submits that aforesaid cancellation report shall be presented before Illaqa Magistrate within a period of four weeks from today.
In view of the fact that the cancellation report has already been prepared by Investigating Agency, the present petition seeking
2023:PHHC:048471
CRM-M-1856-2023
-2-
TEJWINDER SINGH 2023.04.11 17:33 I attest to the accuracy and integrity of this document
quashing of FIR No.0018 dated 03.03.2022 registered under Section 328 IPC has been rendered infructuous at this stage with liberty to petitioner to avail his remedy in accordance with law.
10.04.2023 ( HARKESH MANUJA ) tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH 2023.04.11 17:33 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petition for quashing of FIR is maintainable given the preparation of a cancellation report pending consideration.
Whether the petition should be dismissed as infructuous pending the submission of the report before the Magistrate.
2 provisions across 2 enactments
Narinder Singh
State of Punjab
Harkesh Manuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
