High Court of Punjab and HaryanaCRM-M/1658/2021dismissed

Lal Chand @ Lalli And Another v. State Of Punjab And Another

2021-01-14Mr. Justice Suvir Sehgal2 pages

CRM-M-1658 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-1658 of 2021 Date of decision:14.01.2021 Lal Chand @ Lalli and another ... Petitioners Vs.

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Vikram Satpal Anand, Advocate for the petitioners.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.315 dated 08.12.2020 (Annexure P-1) registered under Sections 307, 120-B, 148 and 149 of Indian Penal Code, 1860 and Sections 25 and 27 of Arms Act, 1959 at Police Station City Ferozepur, District Ferozepur. Counsel for the petitioners has been heard.

From the perusal of the impugned FIR (Annexure P-1), it is apparent that both the petitioners have been specifically named, therein. It has been alleged that an attack was carried out on the complainant by Sonu Bhatti, who is the son of the petitioners, on the instigation of the petitioners, SAVITA KADIAN 2021.01.25 15:27 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-1658 of 2021 {2} who are his parents. It, therefore, cannot be said that no cognizable offence is disclosed in the FIR.

In view of the guidelines laid down by the Hon'ble Supreme Court in State of Haryana Vs. Bhajan Lal 1992 Supp(1) SCC 335, this Court is of the view that no ground is made out for quashing of the impugned FIR in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure.

Accordingly, the petition is dismissed.

It is clarified that any observation made hereinabove shall not be construed to be a reflection of opinion on the merits of the case. (SUVIR SEHGAL) JUDGE January 14, 2021 savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No SAVITA KADIAN 2021.01.25 15:27 I attest to the accuracy and integrity of this document High Court Chandigarh