Sukhminder Kaur v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33272-2024 (O&M) Date of Decision:-12.8.2024 Sukhminder Kaur ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashish Soi, Advocate for the petitioner.

Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks quashing of FIR No.97, dated 24.12.2016 registered at Police Station Jodhan, Ludhiana, under Section 420 of Indian Penal Code, Section 15 of IMC Act, 1956 & Section 4 of MTP Act, 1971 and all consequential proceedings emanating therefrom. 2.

On the last date of hearing, while the learned counsel for the petitioner stated that challan has not been presented, learned State counsel, upon instructions from the Investigating Officer, had stated that challan already stands presented in the year 2018.

3.

This Court had accordingly called for the report of the Trial Court concerned, which has been received, as per which challan has now been presented on 2.8.2024. It has also been clarified therein that as a matter of fact the challan had prepared, but the concerned police official did not present the same before the Court and against whom departmental action has been initiated. Pankaj Kakkar 2024.08.12 18:40 I attest to the accuracy and authenticity of this document

CRM-M-33272-2024 (O&M) ( 2 ) 4.

Since challan already stands presented in the present case, it shall be open to the petitioner to raise all the pleas as have been raised herein before the Trial Court at appropriate stage i.e. at the stage of considering the framing of charges.

5.

The instant petition stands disposed off accordingly. 12.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.12 18:40 I attest to the accuracy and authenticity of this document