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High Court of Punjab and HaryanaCRM-M/9097/2018allowed

Bikramjeet Singh v. State Of Punjab And ANR

2023-08-07Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-9097-2018 -12023:PHHC:102144

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9097-2018 Decided on : 07.08.2023 Bikramjeet Singh ...... Petitioner

Versus

State of Punjab and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Vivek K. Thakur, Advocate for the petitioner.

Mr. Subhash Godara, Addl. AG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.02 dated 05.01.2018 under Sections 323, 324, 148 and 149 IPC registered at Police Station Bholath District Kapurthala and subsequent proceedings arising therefrom.

Learned counsel for the petitioner has urged that on the date of occurrence i.e. 01.01.2018, the petitioner was not even present at the place of occurrence as it is a matter of record that the petitioner was in Mumbai. He further submits that during the pendency of the instant petition, respondent No.2 has expired.

Learned State counsel has not controverted the said fact and placed on record the photocopy of the death certificate of complainant-respondent No.2. Learned State counsel has still further submitted that FIR in question has been cancelled by the investigating agency on the basis of material collected by SONIA BURA 2023.08.08 16:56 I attest to the accuracy and integrity of this document

CRM-M-9097-2018 -22023:PHHC:102144 them. It has also been submitted that during investigation, it has been found that the petitioner was not present at the place of occurrence and the allegations levelled in the FIR were found without substance. In the circumstances as enumerated hereinabove, instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua the petitioner.

(MANJARI NEHRU KAUL) JUDGE 07.08.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.08.08 16:56 I attest to the accuracy and integrity of this document