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High Court of Punjab and HaryanaCRM-M/36836/2024disposed of

Lal Singh v. State Of Punjab And Another

2024-08-01Mr. Justice Anoop Chitkara2 pages

CRM-M-36836-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.36836 of 2024 (O&M) Date of Decision: 01.08.2024 Lal Singh

...Petitioner

Versus

State of Punjab and Another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rahul Bhargava, Advocate with Mr. Tanveer Singh, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab (Through video conferencing).

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 406, 409, 420, 468, 471, 120-B IPC, 1860 and 13(1)(a) read with 13(2) of P.C. Act, 14.09.2022 Vigilance Bureau, Range Amritsar, District Amritsar

1. The petitioner, who is apprehending that he might be arraigned as an accused, despite the fact that in three earlier inquiries he has been absolved, has come up before this Court by filing the present petition seeking quashing of the FIR captioned above.

2. Admittedly, as per petition and counsel for the petitioner, the petitioner has not been arraigned as an accused in the FIR captioned above. Once the petitioner is not an accused, there is no question of quashing the FIR in question. However, considering the apprehension of the petitioner, it is clarified that in case the petitioner is arraigned as an accused in the FIR captioned above, the prosecution at the time of presentation of challan shall immediately forward a photocopy thereof to the petitioner through his counsel on his email ID apart from forwarding a physical copy thereof. This supply of document shall be deemed compliance under Section 207 Cr.P.C. qua the petitioner. Sonia Puri 2024.08.09 11:01 I attest to the accuracy and integrity of this document

CRM-M-36836-2024

3. Given above, no further order is required to be passed in the present petition.

4. Accordingly, the present petition is disposed of. All pending application(s), if any, shall stand disposed of.

5. However, liberty is reserved to the petitioner to pursue his legal remedies in case of any other grievance including filing petition under Section 438 CrPC.

6. It is clarified that this order has been passed under exceptional circumstances i.e. three inquires absolving the petitioner. It is further clarified that this order does not restrict the investigator from arresting the petitioner, in case he wants to do so. (ANOOP CHITKARA) JUDGE 01.08.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.08.09 11:01 I attest to the accuracy and integrity of this document