Hardeep Singh Gill @ Hardeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.48985 of 2023 Date of decision : 20.01.2025 Harpdeep Singh Gill @ Hardeep Singh ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Gurvinder Singh Aulakh, Advocate for the petitioner.

Mr. J. S. Arora, DAG, Punjab.

*** RAJESH BHARDWAJ, J.

1.

Present petition has been filed praying for quashing of FIR No.10, dated 04.02.2017, under Section 188 of IPC, registered at Police Station Gidderbaha, District Sri Muktsar Sahib, Punjab qua the petitioner. Further prayer has been made for staying the proceedings arising out of the FIR during the pendency of the present petition. 2.

Learned counsel for the petitioner at the outset has submitted that the petitioner and the co-accused have been falsely and frivolously prosecuted on the basis of impugned FIR. He has submitted that the petitioner was arrested from the different spot and was falsely implicated in the present case. He has submitted that the petitioner was not the part of any group as alleged by the prosecution and nothing has been recovered from him. He has further submitted that the petitioner does not belong to any political party. He has submitted that co-accused of the petitioner, RITTU 2025.01.29 17:33 I attest to the accuracy and integrity of this document

CRM-M No.48985 of 2023 -2namely, Pritam Singh had approached this Court by way of filing CRM-M No.9551 of 2022 which has been accepted by this Court vide order dated 22.12.2022. He has submitted that case of the petitioner is squarely covered by the decision rendered by this Court in the said petition and as such the present petition is liable to be accepted.

3.

Learned counsel for the State although has opposed the contentions raised by learned counsel for the petitioner but he could not controvert the contention raised by learned counsel for the petitioner that the present case is covered by the decision of above said case. 4.

Heard.

5.

Under these circumstances when the present case is covered by the decision of case i.e. CRM-M No.9551 of 2022, the present petition is also allowed in the same terms as contained in the order dated 22.12.2022 passed in CRM-M No.9551 of 2022. Resultantly, FIR No.10, dated 04.02.2017, under Section 188 of IPC, registered at Police Station Gidderbaha, District Sri Muktsar Sahib, Punjab qua the petitioner is hereby quashed.

(RAJESH BHARDWAJ) 20.01.2025 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2025.01.29 17:33 I attest to the accuracy and integrity of this document