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High Court of Punjab and HaryanaCRM-M/8336/2025dismissed

Anil Kumar Trehan And ORS v. State Of Punjab And ORS

2025-02-13Mr. Justice Sanjay Vashisth2 pages

CRM-M-8336-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8336-2025 Decided on: February 13, 2025 Anil Kumar Trehan and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Hitesh Chopra, Advocate, for the petitioners.

**** SANJAY VASHISTH, J.

1.

Prayer in this petition, filed under Section 482 Cr.P.C. read with Section 528 BNSS, 2023, is for quashing of FIR No. 48, dated 04.04.2021, under Sections 420, 120-B IPC, registered at Police Station Division No. 2, Pathankot (Annexure P-1); final report/challan, dated 02.12.2021 (Annexure P-2); and order of framing of charges, dated 17.07.2024 (Annexure P-3), passed by learned Judicial Magistrate Ist Class, Pathankot, and all subsequent proceedings arising therefrom. 2.

Learned counsel for the petitioners , inter alia, contents that the prime allegation against the present petitioners is that while subletting the shops in question, they promised to transfer ownership of the shops in favour of the sub-lessees, which, in fact, is a twisted version, because there is no such promise ever recorded in the lease agreement/rent agreement, and therefore, charges have been framed by the learned Trial Court without examining the said aspect.

PRASHANT KAPOOR 2025.02.13 19:22 I attest to the accuracy and authenticity of this order/judgement

CRM-M-8336-2025 3.

After arguing for sometime, and realizing that since all the grounds/pleas are required to be referred from the documents, which are already there on the record, learned counsel for the petitioner seeks withdrawal of the present petition, at this stage, with liberty to assail the order dated 17.07.2024 (Annexure P-3) before the revisional court, at the first instance.

4.

Dismissed as withdrawn with liberty as prayed for and noticed hereabove.

It is made clear that in case the order of framing of charges, dated 17.07.2024 (Annexure P-3), is assailed by way of filing revision petition, within four weeks from today, the same would be decided by the Revisional Court/Court of Session, within next three months, by giving appropriate opportunities to all the concerned parties, in accordance with law.

(SANJAY VASHISTH) JUDGE February 13, 2025 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO PRASHANT KAPOOR 2025.02.13 19:22 I attest to the accuracy and authenticity of this order/judgement