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High Court of Punjab and HaryanaCRM-M/51282/2024disposed of

Satendra Kumar v. State Of Punjab

2024-10-18Mr. Justice Anoop Chitkara2 pages

CRM-M No. 51282 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 51282 of 2024 Date of Decision: 18.10.2024 Satendra Kumar ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rajbir Singh, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 23.07.2022 Lalru, District SAS Nagar 18, 29, 61, 85 of NDPS Act 1.

Seeking quashing of the FIR capƟoned above, the peƟƟoner has come up before this Court under SecƟon 482 CrPC.

2.

Counsel for the peƟƟoner submits that the only evidence is in the shape of disclosure statement of co-accused which is inadmissible. 3.

State counsel opposes the peƟƟon on the ground that the right would accrue when they launch prosecuƟon and another stage would come at the Ɵme of consideraƟon on the point of charges.

4.

AŌer arguing for some Ɵme, counsel for the peƟƟoner wants to withdraw the present peƟƟon with liberty that he be permiƩed to file a discharge applicaƟon before the trial Court in case prosecuƟon is launched against him. In case such an applicaƟon is filed, in that eventuality, the trial Court be directed to answer each and every point so raised by him in the said applicaƟon. 5.

Given above, peƟƟoner is permiƩed to file a precise applicaƟon for discharge, but such applicaƟon should not be unnecessarily lengthy and if such Jyoti Sharma 2024.10.19 10:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 51282 of 2024 applicaƟon 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 in the said applicaƟon.

6.

PeƟƟon stands disposed of as withdrawn with the aforesaid observaƟons. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 18.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.19 10:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh