Sewa Singh And Others v. State Of Punjab And Another

CRM-M-22408-2024 2024:PHHC: 062764

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22408-2024 (O&M) Date of order: 06.05.2024 Sewa Singh Virk & others ... Petitioner(s)

Versus

State of Punjab and another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Vikas Mehsempuri, Advocate for the petitioner(s).

Ms. Swati Batra, DAG, Punjab (through VC).

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 17.8.2023 Sadar Patiala, District Patiala 434, 34 IPC 1.

Seeking quashing of the FIR captioned above, for the reason that there is not even an iota of evidence against the petitioners-accused, they have come up before this Court by filing the present petition under Section 482 CrPC. 2.

However, State's counsel has opposed the present petition on the ground that investigation is in progress and it cannot be presumed that there is no iota of evidence against petitioners-accused.

3.

Given above, petitioners' counsel submitted that he be permitted to withdraw the present petition, provided this Court grants three liberties to the petitioners: i) The investigation be completed within three months; ii) In case report under Section 173(2) CrPC or similar provisions is filed against the petitioners, they be permitted to file quashing petition to challenge the same;

iii) In case the petitioners do not challenge the police report before this Court, in that situation, they be permitted to make application(s) for ASHWANI KUMAR 2024.05.09 18:29 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

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discharge before the trial Court and the trial Court shall decide the said application(s) by answering all the points raised in such application(s). 4.

Considering the limited prayer(s) by the petitioners, no response is required from the State.

5.

Accordingly, the present petition is disposed of, having been withdrawn, with liberties as prayed for. It is further clarified that filing and withdrawal of this petition will not come in the way of the petitioners in any manner. (ANOOP CHITKARA) JUDGE May 06, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.05.09 18:29 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh