Sarabjit Singh v. State Of Punjab

2023:PHHC:078578

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-27733-2023 Date of Decision: May 30, 2023 SARABJIT SINGH ........ Petitioner

Versus

STATE OF PUNJAB ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Ms. Sukhan Rangi, Advocate and Mr. S.S. Rangi, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. D.A.G. Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 482 CrPC, prayer has been made for quashing of FIR No.158 dated 25.05.1984 registered under Sections 3 and 4 of Explosives Act, P.S. Rajpura, District Patiala.

2.

Upon advance notice, Mr. Tarun Aggarwal, Sr. D.A.G. Punjab on instructions from ASI Subhash Chand, P.S. Sadar Rajpura, District Patiala submits that cancellation in the aforementioned FIR already stands prepared by the Investigating Agency and the same shall be presented before the trial Court in all probabilities within a period of two weeks from today.

3.

The FIR in the present case was registered against petitioner way back in the year 1984 and since then the Investigating Agency has taken almost 39 years to conclude the investigation and the sword of FIR has been hanging over the head of petitioner for no reason. Moreover the petitioner is now 58 years of age and wants to

2023:PHHC:078578 CRM-M-27733-2023 -2visit his children who are permanently staying in Australia, just because of the pendency of FIR in question, he has not been able to obtain his passport. Considering the aforesaid, the trial Court is requested to take a final decision on the cancellation report within a period of 8 weeks from its presentation, the trial Court shall ensure that no unnecessary adjournments are awarded to the prosecution while consideration upon the cancellation report.

4.

Disposed of in the aforesaid terms.

30.05.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No