Harish Kumar v. State Of Haryana And Another

2023:PHHC:079248

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48794-2019 Date of Decision: 31.05.2023 Harish Kumar ......... PeƟƟoner

Versus

State of Haryana and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Maninder Arora, Advocate for the peƟƟoner.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) At the outset, State counsel submits that the charges have been framed. 2.

Since the judicial order has been passed which has eclipsed the police report under SecƟon 173 CrPC, as such, the peƟƟoner has to challenge the same. 4.

Given above, the present peƟƟon filed under SecƟon 482 CrPC for quashing of FIR without challenging the framing of charges, is not maintainable. 5.

Consequently, the present peƟƟon is disposed of with liberty to the peƟƟoner to file a peƟƟon for challenging the framing of charges, if so desire. It is made clear in case such peƟƟon is filed, the Ɵme for which the present peƟƟon was pending before this Court, shall not be counted while calculaƟng the delay in challenging the framing of charges and the limitaƟon will start from tomorrow. All pending miscellaneous applicaƟons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 31.05.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.06.01 08:38 I attest to the accuracy and integrity of this order/judgment.