High Court of Punjab and HaryanaCRM-M/1866/2015dismissed

Mandeep Singh v. State Of Punjab & ANR

2015-05-25Mr. Justice S.C. Datta2 pages

-1CRM-M-1866 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-1866 of 2015 Date of decision: 25.05.2015 Mandeep Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. Brijender Kaushik, Advocate, for the petitioner. Mr. K.S. Sidhu, DAG, Punjab.

Mr. Bhupinder Ghai, Advocate, for respondent No.2. PARAMJEET SINGH, J. (ORAL) Reply on behalf of respondent No.2, filed in Court today, is taken on record.

Instant petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India has been filed for quashing the FIR No.248 dated 27.12.2012 registered under Sections 406, 498-A IPC at Police Station City Kharar, Punjab, along with all subsequent proceedings arising therefrom. Learned counsel for the petitioner contends that petitioner had earlier filed a petition for quashing the FIR in question and said petition was dismissed as withdrawn with liberty to raise all the points at the RAVINDER SINGH 2015.05.29 10:23 I attest to the accuracy and authenticity of this document

-2CRM-M-1866 of 2015 appropriate stage before the trial Court. Learned counsel for the petitioner further submits that even the investigation is not complete. In view of the earlier order passed by this Court giving liberty to raise all the points at the appropriate stage before the trial Court, present petition is not maintainable.

Learned counsel then submited that there is no bar in filing the second petition.

Filing of repeated petitions without there being any change of circumstances has been deprecated by the Hon'ble Supreme Court in State of Tamil Nadu v. S.A. Raja, 2005(4) R.C.R.(Criminal) 799. In view of above, I do not find any ground to quash the FIR in question.

Dismissed.

(Paramjeet Singh) Judge May 25, 2015 R.S.

RAVINDER SINGH 2015.05.29 10:23 I attest to the accuracy and authenticity of this document