← Library
High Court of Punjab and HaryanaCRM-M/38636/2024disposed of

Kulveer Singh And Another v. State Of Punjab And Another

2024-08-12Mr. Justice Kuldeep Tiwari2 pages

CRM-M-38636-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-38636-2024 Date of decision : August 12, 2024 Kulveer Singh and another ....Petitioners

VERSUS

State of Punjab and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Ms Ritu Punj, Advocate and Ms. Manvi Singh, Advocate, for the petitioner Mr. Pardeep Bajaj, DAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

The instant petition is filed under Section 528 of BNSS, 2023, for quashing of FIR No. 5 dated 23.1.2024, under Section 306 IPC, registered at Police Station Sandaur, District Malerkotla. 2.

The main thrust of the argument, as raised by the learned counsel for the petitioner, is that despite the allegations to be taken as gospel truth, no offence whatsoever under Section 306 IPC is made out, as there is complete absence of ingredients of abetment. Learned counsel for the petitioners also informed this Court that after conclusion of the investigation, now the final report DALBIR SINGH TIWANA 2024.08.13 21:37 I attest to the accuracy and integrity of this document

CRM-M-38636-2024 has been filed, and the case is fixed for framing of charges. 3.

This Court has considered the submissions made by the learned counsel for the petitioner, and is of the view that all the submissions which have been raised before this Court, can be adjudicated by the learned trial court concerned, at time of framing of charges. Therefore, the petitioners are relegated to the learned trial court concerned, to raise all the pleas, which have been raised before this Court. It is expected that the learned trial court concerned, shall after considering all the submissions made by the petitioners before this Court, take an appropriate decision, specifically whether the ingredients of abetment are present in the final report or not.

4.

The petition is disposed of accordingly.

( KULDEEP TIWARI ) August 12, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2024.08.13 21:37 I attest to the accuracy and integrity of this document