High Court of Punjab and HaryanaCRM-M/13410/2022dismissed

Kirpal Singh v. State Of Punjab

2022-09-06Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13410-2022 Date of Decision: 06.09.2022 Kirpal Singh ......... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Mandeep Singla, Advocate for the petitioner. Mr. Virat Rana, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) Learned State counsel submits that the charges stand framed on 28.07.2021. However, petitioner is seeking only quashing of FIR and as such, the present petition is not maintainable.

Once the charges are framed, then the judicial orders will overlap the police report and FIR, and as such, it needs to be challenged along with that FIR and the report under Section 173 Cr.P.C.

Consequently, the present petition is dismissed with liberty to file a fresh petition challenging the police report and framing of charges. It is clarified that the time for which the present petition pending before this Court shall not be counted for the purpose of limitation.

(ANOOP CHITKARA) JUDGE 06.09.2022 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2022.09.08 10:00 I attest to the accuracy and integrity of this document