Balbir Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24405-2025 (O&M) Date of decision: 06.05.2025 Balbir Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. K.S. Brar, Advocate for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'the BNSS, 2023') is for quashing of FIR No.149 dated 31.07.2024 registered under Sections 409, 420, 465, 467, 468, 471, 120-B IPC at Police Station City Moga, District Moga, and all other subsequent proceedings arising therefrom.

2.

Learned counsel for the petitioner submits that the FIR (supra) has been registered without proper investigation or a fair hearing, solely based on the allegation of a false experience certificate, which is unfounded. The petitioner, Balbir Kaur, has an unblemished career and was reinstated in service by this Court in the year 2010 after it was determined that no forgery was committed. Further, in the year 2014, she was again reinstated after a merit dispute was resolved in her

favor. Despite submitting genuine documents, the petitioner is wrongly implicated in this FIR, which charges her with forgery, cheating, and criminal conspiracy without any credible evidence. The FIR is an abuse of process and a violation of natural justice principles, as it fails to establish any criminal wrongdoing.

3.

Learned counsel for the petitioner further submits that the petitioner would be satisfied in case all the documents, which are annexed with the present petition, are considered by the Investigating Officer before submitting the challan/final report under Section 193 of BNSS, 2023.

4.

Notice of motion.

5.

On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent - State and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the challan/final report under Section 193 of BNSS, 2023.

6.

I have heard learned counsel for the parties and perused the record of the case with their able assistance. 7.

Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition, before preparing the final report under Section 193 of BNSS, 2023.

8.

It is clarified that in case, final report under Section 193 of BNSS, 2023, is against the petitioner, she would be at liberty to file a fresh petition to challenge the FIR (supra) along with challan/final report under Section 193 of BNSS, 2023.

9.

In case the petitioner is required during the investigation, it is directed that a 07 days prior notice under Section 35(3)/179 of BNSS, 2023 be issued to her, ensuring she has sufficient time to cooperate with the investigation process.

(HARPREET SINGH BRAR) JUDGE 06.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No