Manu Nath v. State Of Punjab

CRM-M-10245-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-10245-2024 (O&M) Date of Decision: 22.05.2025 Manu Nath

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shivam Grover, Advocate for the petitioner.

Mr. Jasdev Singh Thind, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 22.10.2019 Sri Chamkaur 406, 420, 120-B IPC Sahib, District (Sections 465, 467, 468, 471 Rupnagar IPC added later on) 1.

Seeking quashing of the FIR captioned above, the petitioner has come up before this Court under Section 482 CrPC.

2.

Petitioner seeks quashing of FIR on the ground that the co-accused have been acquitted of the offence because all the witnesses turned hostile. State counsel submits that it is a case of no evidence and certainly prosecution will not be launched, if not already launched and he has liberty to raise all these points at the time of framing of charges and they will not object to the same. 3.

Needless to say that framing of charge is not an empty formality and the concerned trial Court has to draw prima facie satisfaction of existence of legally admissible evidence.

4.

At this stage, counsel for the petitioner wishes to withdraw with liberty that pleadings made in the petition should not be read in evidence with liberty to file an application for discharge before the trial Court if the stage arises. If such an application is filed, then the said application shall also be decided not later than passing of the order on charges.

Jyoti Sharma 2025.05.26 16:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M-10245-2024 (O&M) 5.

Disposed of as withdrawn with liberty to file an application for discharge, if charges not framed so far. If such application is filed, trial Court is requested to answer each and every point so raised in the said application and shall also consider all admissible evidence. The order so passed must be reasoned one. All pending applications, if any also stands disposed of.

(ANOOP CHITKARA) JUDGE 22.05.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:

No.

Jyoti Sharma 2025.05.26 16:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh