Rajinder Kumar v. State Of Punjab And ORS

CRM-M No. 19958 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 19958 of 2018 (O&M) Date of decision : 11.5.2018 ...

Rajinder Kumar ................Petitioner vs.

State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Parunjeet Singh, Advocate for the petitioner. ...

H. S. Madaan, J. (Oral) This is a petition for quashing of FIR No. 201 dated 15.10.2016, for offences under Sections 279, 304-A IPC, registered at Police Station Sahnewal, Ludhiana, for the following reasons:-

1) The accused is not named in the FIR and it was only when the complainant got his supplementary statement recorded and he had named the petitioner being owner of the offending vehicle as an accused.

2) That no test identification parade has been arranged. The FIR is not an encyclopedia and its only purpose is to set the criminal machinery into motion. It is only during the investigation that the detailed manner of the incident comes out to be there and identity of the person involved in the incident is found out. Merely Banita Chugh 2018.05.11 18:08 I am the author of this document

CRM-M No. 19958 of 2018 -2for the reason that accused is not named in the FIR and no test identification parade has been arranged, is no ground to quash the FIR. A perusal of the FIR goes to show that it does disclose the commission of cognizable offence and it does not show any abuse of the process of law.

The petition is without any merit and the same stands dismissed.

( H.S. Madaan ) 11.5.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No Banita Chugh 2018.05.11 18:08 I am the author of this document