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High Court of Punjab and HaryanaCWP/2093/2017disposed of

Balkar Singh v. State Of Haryana And Others

2017-02-06Mr. Justice Krishna Murari2 pages

CWP-2093-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2093-2017 (O&M).

Decided on: February 6, 2017.

Balkar Singh .. Petitioner(s)

VERSUS

State of Haryana and others.

.. Respondent(s) * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Kanwardeep Singh, Advocate, for the petitioner.

M.M.S. BEDI, J. (ORAL) The petitioner seeks quashing of the criminal proceedings initiated under Sections 292 (2) (a) and 509 of the Indian Penal Code, as the petitioner had sought police verification of the credentials of the girls for the matrimonial purposes but he was falsely implicated in the criminal case under the above said sections of the Indian Penal Code. On asking of the Court, counsel for the petitioner informs that on the basis of the investigation, report under Section 173 (2) Cr.P.C. has already been presented in the Court and notice of accusation has also been served upon the petitioner and the case is at the stage of evidence. Since the challan has already been presented without reference to the contents of the challan, it will not be feasible for this Court Raj Kumar Arora 2017.02.08 14:47 I attest to the accuracy and integrity of this document

CWP-2093-2017 (O&M) to determine whether the case of the petitioner falls under any of the parameters laid down in State of Haryana and others Vs. Ch.Bhajan Lal & Ors. AIR 1992 SC 604.

The writ petition is dismissed as not maintainable without prejudice to the rights of the petitioner to avail the remedy under Section 482 Cr.P.C. to challenge the order of framing of charges/notice of accusation, in accordance with law or to raise all the pleas at the time of the trial.

At this stage, counsel for the petitioner submits that since the petitioner is aspiring to get a passport and travel abroad, his rights would be seriously prejudiced on account of the case which has been registered on the basis of vague and uncertain allegations. I have considered the above said contention. The petitioner can avail the remedy for seeking a direction for expeditious trial by approaching the trial Court or by availing the remedy under Section 483 Cr.P.C.

(M.M.S. BEDI) JUDGE February 6, 2017.

rka Whether speaking / reasoned Yes / No Whether reportable:

Yes / No Raj Kumar Arora 2017.02.08 14:47 I attest to the accuracy and integrity of this document