Parveen Goyal v. State Of Punjab

113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23513-2021 Date of Decision: 18.06.2021 Parveen Goyal ..Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Manish Kumar Singla, Advocate for the petitioner.

Mr. Amit Mehta, Sr. D.A.G., Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Inter alia contends that the petitioner has been falsely implicated in the FIR in question. Learned counsel for the petitioner submits that the same is borne out from the fact that after conducting initial investigation, cancellation report had already been prepared but the judicial process thereof could not take place due to the pandemic. In the interregnum, the petitioner apprehends that in a sheer abuse of process of law, he may be arrested since the FIR technically continues to be still registered against him. Notice of motion.

Learned State counsel, on advance service, joins proceedings and accepts notice on behalf of the respondent-State of Punjab and states that as per instructions of Sub Inspector Mehal Singh, cancellation report indeed has been prepared and the same could not be filed before the appropriate court and the needful shall be done as soon as possible. In the premise, I am of the view that the petitioner's apprehension of being arrested seems to be misplaced. In any case, in case, he is to be arrested in the FIR in question, he shall be given at least one week's notice so as to give him enough time to avail an appropriate remedy in accordance with law.

Disposed of accordingly.

18.06.2021 (ARUN MONGA) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SHALINI BHATIA 2021.06.18 21:41 I attest to the accuracy and integrity of this document