Daljit Singh v. State Of Punjab And Another

2024:PHHC:055409

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-19023-2024 Date of Decision: 24.04.2024 Daljit Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Rashmeen Kaur, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab (Through VC).

***** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 18.06.2022 Maqboolpura, District Police 7 & 7A of Prevention of Corruption Commissionerate, Amritsar (Amendment) Act 2018 Petitioner seeks quashing of above captioned FIR and all consequential proceedings arising therefrom, on the basis of compromise. 2.

Counsel for the State strenuously opposes the present petition for the reason that capacity of the complainant in Prevention of Corruption Act cases, is as a whistle blower, social worker and at the most, to help the society and he would not fall directly under the category of victim. State counsel further submits that although the complainant might have rights to follow up the investigation but such rights could not extend to enter into out of court compromise.

3.

Faced with this, petitioner's counsel submits that she be permitted to withdraw the present petition with clarification that in case prosecution is launched and report under Section 173(2) CrPC is filed, they be permitted to file an application for discharge and/or to file written synopsis by filing application for opposing the framing of charges and the concerned court be directed to consider such points.

4.

Given above, present petition is disposed of as withdrawn. It is clarified that in case, petitioner files an application for discharge and/or files short written statement opposing ANJU RANI 2024.04.25 14:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

2024:PHHC:055409 CRM-M-19023-2024 -2the framing of charges, then the trial Court is requested to consider all such aspects. Liberty further reserved to challenge the charges, if framed. Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 24.04.2024 anju rani Whether speaking/reasoned Yes Whether reportable?

No ANJU RANI 2024.04.25 14:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh