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High Court of Punjab and HaryanaCRM-M/25507/2020disposed of

Labh Singh v. State Of Punjab And Another

2020-09-01Mrs. Justice Archana Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-25507 of 2020 Date of Decision: September 01, 2020 Labh Singh

...Petitioner

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Lalit Sharma, Advocate for the petitioner.

**** ARCHANA PURI, J.

Case has been taken up for hearing through Video Conferencing.

Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.613 dated 19.08.2015 under Section 136 of the Electricity Act, 2003, registered at Police Station Anti Power Theft, Police Zone, Bathinda.

Notice of motion.

Mr.Sukhbeer Singh, AAG, Punjab, accepts notice on behalf of the respondents-State.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per averments in the present petition, FIR No.613 dated VINEET GULATI 2020.09.01 16:00 I attest to the accuracy and authenticity of this document Chandigarh 19.08.2015 was registered against the petitioner under Section 136 of the

CRM No.M-25507 of 2020 -2Electricity Act, 2003, on the accusations about the position of transformer having been changed without notice of the concerned department. Now, it is claimed by the petitioner that as per Section 468 Cr.P.C., the period of limitation for taking cognizance of the offence has since expired and therefore, the said FIR be quashed.

Undisputedly, challan has not been presented in the present case as yet. However, as and when the challan shall be presented before the concerned court, learned counsel for the petitioner stated that he shall raise all the pleas before the concerned Court, which are now being raised before this Court, relating to the limitation of taking cognizance of the offence. Considering the same, learned counsel for the petitioner does not want to pursue with the present petition. Resultantly, the present petition is hereby dismissed as withdrawn with the liberty to the petitioner to raise all the pleas as taken in the said petition before the concerned Court, as and when challan is presented.

September 01, 2020 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No VINEET GULATI 2020.09.01 16:00 I attest to the accuracy and authenticity of this document Chandigarh