Raghbir Singh Alias Shingara Singh And Others v. State Of Punjab

 
    
  



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Present:

Mr. V.K. Yadav, Advocate for the petitioners.

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Present petition has been filed under Section 482 of the Code seeking quashing of FIR No.19 dated 07.05.2022, registered for the offences punishable under Sections 302 and 34 of IPC (Section 306 added and Section 302 deleted later on) at Police Station Dorangla, District Gurdaspur.

2.

Initially, the FIR was registered for offence punishable under Section 302 of Code. However, later on during investigation, the police found that offence punishable under Section 302 was not made out and converted the same under Section 306 as claimed by the petitioners. Reliance is being placed upon Annexure P910. 3.

Counsel for the petitioners has argued that since the Apex Court granted the petitioners pre9arrest bail that shows that no prima facie case is made out and thus it would be case for quashing of the FIR.

4.

In the considered opinion of this Court from the allegations levelled in the FIR, it cannot be held at this stage whether the offence would fall within the ambit of Section 302 or 306. The matter is at a nascent stage where investigation is underway. So far as the inquiry Annexure P910 dated 10.09.2022 relied upon by the petitioners is concerned, that is still to be tested and analyzed by the trial Court as report under Section 173 of the Code is yet to be filed. 5.

In view thereof, this Court does not find that it is a case for quashing of the FIR at this nascent stage, more so when no argument has been raised which would show that the case of the petitioner would fall within the parameters of exercise of jurisdiction for quashing of FIR as laid down by Supreme Court in the case of '-

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; wherein Apex Court held as under:9
 



 



   

 

  

 





      

 

 

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Consequently, the present petition is dismissed.  7 5

 

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Dinesh Whether speaking/reasoned :

Yes Whether Reportable :

No