Kawaldeep Singh v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-15484 of 2016 Date of decision: 09.05.2016 Kawaldeep Singh ..Petitioner

Versus

The State of Punjab and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. G.S. Gandhi, Advocate for the petitioner.

Daya Chaudhary, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.89 dated 08.04.2014 registered under Sections 498-A and 406 of Indian Penal Code and Section 66 of the Information Technology Act, 2000 at Police Station Chheharata, District Amritsar.

Learned counsel for the petitioner submits that all the documents were produced before the Investigating Agency with regard to purchase of items but the same have not been considered because of the influence of respondent No.4. The application moved by the petitioner for discharge has been dismissed without mentioning any reason. Said application has been challenged by way of filing the present petition before this Court because of consequential NEETU RANI 2016.05.18 11:14 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-15484 of 2016 proceeding arising out of the same FIR.

A query has been put to learned counsel for the petitioner as to how the only remedy under Section 482 Cr.P.C. has been availed when alternative remedy to challenge the order of discharge is there.

Admittedly, order dated 28.03.2016 has not been challenged and straightway this petition has been filed for quashing of FIR as well as the order passed in the application for discharge. It appears that just to avoid or get benefit of delay, the present petition has been filed for quashing of FIR. Whether the articles were given at the time of marriage or the same were purchased by the petitioner is a matter of evidence, which can be considered during trial. Moreover, these arguments could have been raised at the time of framing of charge before the trial Court, which is fixed for today. Hence the FIR cannot be quashed only on the ground that the stand taken by the petitioner has not been considered and the investigation conducted by the Investigating Agency is not fair. Dismissed.

09.05.2016 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2016.05.18 11:14 I attest to the accuracy and authenticity of this document Chandigarh