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High Court of Punjab and HaryanaCRM-M/42700/2024disposed of

Rohit Kumar v. State Of Haryana And Others

2024-09-20Mr. Justice Anoop Chitkara2 pages

CRM-M-42700-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.42700 of 2024 Decided on: 20.09.2024.2024 Rohit Kumar

...Petitioner

Versus

State of Haryana and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. J.S Cooner, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 04.01.2022 Naggal, District Ambala 120-B, 409, 420 IPC 1.

Seeking quashing of the above captioned FIR, the petitioner has come up before this Court by filing the present petition under Section 482 CrPC. 2.

State counsel opposes the present petition on the ground there is a primafacie specific evidence qua the petitioners' involvement. He further submits that the investigation is complete and police report under Section 173 Cr.P.C. has already been filed and prosecution has been launched against the petitioner alongwith other co-accused. 3.

After arguing for sometime, counsel for the petitioner submits that he would be contented and satisfied if he is permitted to file an application for discharge for the reasons that there is no evidence against him. Petitioner's counsel seeks to withdraw the present petition with a prayer that he be permitted to file a discharge application and to raise all points before the trial Court.

Sonia Puri 2024.09.23 10:13 I attest to the accuracy and integrity of this document

CRM-M-42700-2024 4.

I have also perused the petition and annexed documents and find that there might be some substance in the prayer made by the counsel for the petitioner. 5.

Given above, the present petition is disposed of as withdrawn with liberty to the petitioner to file a precise application for discharge before the trial Court, but such application should not be unnecessarily lengthy and if such application is filed in that case, the concerned Court shall decide the same by passing a reasoned and speaking order and shall answer to each and every point taken up in the said application. Liberty reserved to the petitioner to come to this Court to challenge charges, if framed. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 20.09.2024 Sonia Puri Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Puri 2024.09.23 10:13 I attest to the accuracy and integrity of this document