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High Court of Punjab and HaryanaCRM-M/33562/2021dismissed

Gurbachan Lal Numberdar v. State Of Punjab And Another

2021-08-19Mr. Justice Avneesh Jhingan2 pages

CRM-M-33562-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CRM-M-33562-2021 Date of Decision: 19.08.2021 Gurbachan Lal Numberdar Petitioner

Versus

State of Punjab and another Respondents

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. S.P. Soi, Advocate for the petitioner.

Ms. Monika Jalota, Deputy Advocate General, Punjab. **** AVNEESH JHINGAN, J (Oral):

[1] The matter is taken up for hearing through video conference due to COVID-19 situation.

[2] This is a petition under Section 482 Cr.P.C. for quashing of F.I.R. No. 248, dated 4th December, 2016, under Sections 199, 420, 465, 471 and 120-B IPC, registered at Police Station Nakodar, District Jalandhar Rural and all its subsequent proceedings arising therefrom. In the alternative, the prayer is for quashing of order dated 22nd February, 2021 passed by the Sub Divisional Judicial Magistrate, Nakodar.

[3] In the present case, the police had filed an Untraced Report. The Court below observed that notice sent to the complainant was not received back. The Investigating Officer failed to produce the PANKAJ BAWEJA 2021.08.19 17:20 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M-33562-2021 -2complainant in the Court, hence, the Untraced Report can not be accepted.

[4] Learned counsel for the petitioner submits that the Court should have exercised its powers for summoning the complainant. [5] After arguing for some time, sensing the outcome and realizing that prayer was prayer was never made before the Court concerned, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail alternative remedies.

[6] The petition is dismissed as withdrawn with liberty as prayed for.

[AVNEESH JHINGAN] JUDGE 19th August, 2021  

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2021.08.19 17:20 I attest to the accuracy and integrity of this document High Court, Chandigarh