High Court of Punjab and HaryanaCRM-M/7192/2021disposed of

Varinderjit Singh v. State Of Punjab And Another

2021-02-16Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 7192 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 7192 of 2021 Date of Decision: 16.2.2021 Varinderjit Singh ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Ashok Giri, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 76 dated 29.4.2018 under Sections 447, 379, 120-B, 34 IPC (Section 201 IPC added in challan) registered at Police Station Division No. 6, Jalandhar all the subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that the petitioner has been falsely involved in the present case. The complainant is neither the owner of the property in question nor has specifically named the petitioner in his supplementary statement dated 01.5.2018. Thus, the case of trespassing is not made out against the petitioner. Notice of motion to the State-respondent No. 1 only. On the asking of the Court, Mr. Harbir Sandhu, AAG, Punjab, accepts notice on behalf of the State.

Without going into the merits of the present case, the present GURPREET SINGH 2021.02.16 16:51 I attest to the accuracy and integrity of this document Chadigarh petition is disposed of with liberty to the petitioner to approach the

CRM-M No. 7192 of 2021 -2Magistrate concerned with all the pleas, as have been raised in the present petition, if so advised, in terms of the judgment of the Hon'ble Supreme Court in Vinubhai Haribhai Malaviya and Ors. Vs. The State of Gujarat and Anr., 2019 AIR (SC) 5233. On his doing so, the Magistrate concerned would take the cognizance of the application and decide the same, preferably within two months.

(HARNARESH SINGH GILL) JUDGE February 16, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.02.16 16:51 I attest to the accuracy and integrity of this document Chadigarh