Sanjay & ORS v. State Of Punjab & ORS

CRM M-28555 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-28555 of 2015 Date of decision : 27.11.2015 Sanjay & ors.

....Petitioners V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. V.K. Kaushal, Advocate for Mr. Prashant Vashisth, Advocate for the petitioners. Mr. Ankur Jain, AAG Punjab.

RAJAN GUPTA J.

This is a petition under section 482 Cr.P.C. seeking quashing of FIR No. 55 dated 01.05.2012 registered under Sections 379, 325, 326, 506, 148 & 149 IPC at Police Station Daba, Ludhiana City.

FIR was registered way-back in the year 2012. Learned State counsel submits that investigation of the case is still pending. He, on instructions from ASI Tarsem Singh, who is present in court, submits that petitioner no. 1 has never joined the investigation and has been declared a proclaimed offender.

FIR was lodged by complainant Ashwani Kumar. He stated that on 27.03.2012 at about 3.30 p.m., accused entered into his office and took away his mobile as well as cash amount of `1650/-. Accused Harvinder attacked him with a sharp edged weapon on his head. Accused Sajan was having a sword and gave a blow on left arm and head of the complainant. Other accused AJAY KUMAR 2015.11.30 16:23 I attest to the accuracy and authenticity of this document

CRM M-28555 of 2015 were also armed with swords and gave injuries on the person of complainant. As one of the petitioners in this petition is a proclaimed offender and allegations in the FIR are serious, no case for quashing on the basis of compromise is made out. Petition is without any merit and is hereby dismissed.

November 27, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.11.30 16:23 I attest to the accuracy and authenticity of this document