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Baljinder Singh v. State of Punjab

Punjab & Haryana HC6 May 2025CRM-M/16094/2025

Case brief

AI extract

What is this about?

Baljinder Singh v State of Punjab; High Court of Punjab and Haryana at Chandigarh; CRM-M-16094-2025(O&M); CRM-18335-2025; Justice Mahabir Singh Sindhu; decided 06.05.2025; Section 528 Bharatiya Nagarik Suraksha Sanhita 2023; quashing of FIR; FIR No. 07 dated 17.01.2020; Section 61 Punjab Excise Act 1914; Police Station Sirhind; District Fatehgarh Sahib; withdrawal of petition with liberty; Additional Chief Judicial Magistrate Fatehgarh Sahib; observations not opinion on merits; affidavit application allowed; J.S. Sekhon advocate.

What did the court decide?

Withdrawal of the petition accepted with liberty to the petitioner to raise his plea before learned Additional Chief Judicial Magistrate, Fatehgarh Sahib in accordance with law at appropriate stage(s); affidavit application allowed and annexure A-1 taken on record. ¶22

Baljinder Singh Vs State of Punjab — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 07 dated 17.01.2020, registered under Section 61 of the Punjab Excise Act, 1914 at Police Station Sirhind, District Fatehgarh Sahib, should be quashed.

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Court's answer

The Court was not inclined to accept the prayer for quashing; learned counsel, on instructions, withdrew the petition with liberty to raise his plea before learned Additional Chief Judicial Magistrate, Fatehgarh Sahib in accordance with law at appropriate stage(s).

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Ratio / Principle

Application CRM-18335-2025 for placing the affidavit on record (in compliance with orders dated 25.03.2025 and 07.04.2025) is allowed as prayed for, subject to all just exceptions; annexure A-1 is taken on record.

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Key takeaways

The main case is disposed off with the aforesaid liberty.ratio¶22
The Court's observations in the order are not to be construed as an expression of opinion on the merits of the case, in any manner.obiter¶23

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Hon'ble Mr. Justice Mahabir Singh Sindhu), decision dated 06.05.2025 - CRM-18335-2025 in/and CRM-M-16094-2025 (O&M): Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Baljinder Singh for quashing of FIR No. 07 dated 17.01.2020 under Section 61 of Punjab Excise Act, 1914, registered at Police Station Sirhind, District Fatehgarh Sahib. After argument, the Court not being inclined to accept the prayer, counsel withdrew the petition on instructions; the case was disposed off with liberty to raise the plea before learned Additional Chief Judicial Magistrate, Fatehgarh Sahib at appropriate stage(s), with the express rider that the observations not be construed as an expression of opinion on merits. The ancillary application for recording the affidavit (complying with orders dated 25.03.2025 and 07.04.2025) was allowed and A-1 taken on record.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-18335-2025 IN/AND CRM-M-16094-2025(O&M) Date of decision: 06.05.2025

Baljinder Singh

...Petitioner

Versus

State of Punjab

.....Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

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Present: Mr. J.S. Sekhon, Advocate for the petitioner.

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MAHABIR SINGH SINDHU, J.

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CRM-18335-2025

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Application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for placing on record affidavit in order to comply with the orders dated 25.03.2025 and 07.04.2025 as annexure A-1.

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For the reasons mentioned in the application, same is allowed as prayed for subject to all just exceptions. A-1 is taken on record. Registry to tag the same at appropriate place.

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Main case

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Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 07 dated 17.01.2020 under Section 61 of Punjab Excise Act, 1914, registered at Police Station Sirhind, District Fatehgarh Sahib.

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(2) After arguing for some time, when this Court was not inclined to accept the prayer, learned counsel, on instructions, wishes to withdraw the present petition with liberty to raise his plea before learned Additional Chief Judicial Magistrate, Fatehgarh Sahib in accordance with law at appropriate stage(s).

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HARISH KUMAR 2025.05.06 19:31 I attest to the accuracy and integrity of this document

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CRM-18335-2025 IN/AND CRM-M-16094-2025(O&M)

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