Vinod Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-37374-2025 Date of decision: 22.07.2025 Vinod Kumar

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE H. S. GREWAL ***** Present :

Mr. Vikas Bishnoi, Advocate for the petitioner. ***** H. S. GREWAL, J.(ORAL) 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking quashing of FIR No. 253 dated 10.08.2024 under Sections 406, 420, 506 IPC registered at Police Station Mullana, District Ambala alongwith consequential proceedings arising therefrom.

2.

The case of the prosecution is that the petitioner has taken Rs.3,10,000/- on the pretext of sending the son of the complainant abroad and when the complainant demanded his money back, the petitioner threatened to kill him. Thereafter, the matter was investigated by the concerned police officer and the SHO, Mullana has submitted his report dated 17.06.2024 to Deputy Superintendent of Police, Brara, wherein it had been stated that the transaction of money etc. was found to be false and baseless and the story put forth by the complainant regarding tower location of the place of occurrence did not match with the alleged place as mentioned in the FIR. It is further stated that the Deputy Superintendent of Police concerned has closed the complaint against the petitioner, therefore, the FIR could not have been registered. Learned counsel for the petitioner has stated that multiple enquiries have led to the multiple results. HAMANT 2025.08.05 17:44 I attest to the accuracy and integrity of this document

CRM-M-37374-2025 -23.

Notice of motion to the official respondent only, at this stage. 4.

Mr. Aditya Pal Singla, AAG, Haryana accepts notice on behalf of the respondent-State and submits that challan in this case has been presented and charges are yet to be framed.

5.

I have heard the learned counsel for the parties and perused the record.

6.

Perusal of the FIR (supra) reveals that the allegations as alleged by the complainant that petitioner has taken Rs.3,10,000/- from him for sending his son abroad. It is further alleged that when the complainant demanded the return of the money, the petitioner extended threats to kill him. These allegations, on the face of it, disclose the commission of cognizable offences. Moreover, the matter is now at the stage of trial and judicial proceedings are actively ongoing. At this juncture, when the trial is already in motion, it would not be appropriate for this Court to exercise its inherent jurisdiction to interfere in the criminal proceedings. 7.

No ground is made out to quash the present FIR, at this stage as this Court does not have jurisdiction under Section 528 BNSS, to interfere and disrupt the criminal proceedings.

8.

However, the present petition is disposed of, with a liberty to the petitioner to raise all the pleas as stated herein, before the trial Court concerned at the appropriate stage.

(H. S. GREWAL) JUDGE 22.07.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.08.05 17:44 I attest to the accuracy and integrity of this document