High Court of Punjab and HaryanaCRM-M/36654/2020allowed

Gaurav Kumar v. State Of Punjab

2020-12-21Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-36654-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-36654-2020 (O&M).

Decided on: December 21, 2020.

Gaurav Kumar .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Rajesh K. Dadwal, Advocate, for the petitioner.

Mr.Mehardeep Singh Dulat, Addl. A.G., Punjab. JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.190 dated 3.10.2020, under Sections 406/420 IPC, registered at Police Station City Nawanshahar, District SBS Nagar.

It has been submitted by the learned counsel for the petitioner that the petitioner is an authorised travel agent and vide Annexure P1, even a certificate has been issued by the District Magistrate, in this regard. He has further submitted that the matter has been compromised RAJ KUMAR ARORA 2020.12.23 17:59 I attest to the accuracy and integrity of this document

CRM-M-36654-2020 (O&M) between the petitioner and the complainant and the entire money has been returned to the complainant. He further submits that the present FIR is an abuse of process of law.

On 9.11.2020, notice of motion was issued by this Court and and the learned State counsel had sought time to seek instructions. In the meanwhile, the petitioner was granted interim protection subject to his joining investigation and complying with the provisions of Section 438 (2) Cr.P.C.

Today, learned State counsel, on instructions from ASI Sukhdev Singh, has stated that it is correct that the matter has been compromised between the complainant and the petitioner and the entire money has been returned to the complainant. He has further submitted that in pursuance of the order of this Court dated 9.11.2020, the petitioner has joined investigation and has fully cooperated with the investigation process. He has further submitted that the petitioner is no longer required for custodial interrogation.

In view of above statement made by the learned State counsel, the present petition is allowed. Interim order dated 9.11.2020, is hereby made absolute.

December 21, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2020.12.23 17:59 I attest to the accuracy and integrity of this document