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High Court of Punjab and HaryanaCRM-M/52890/2024disposed of

Avneet Singh Bhatia And Another v. State Of Punjab And Another

2024-10-29Mr. Justice Anoop Chitkara2 pages

CRM-M-52890-2024 (119)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52890-2024 Date of decision 29.10.2024 AVNEET SINGH BHATIA AND ANOTHER ... Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Shantanu Bansal Advocate for the petitioners. Ms. Swati Batra, DAG, Punjab, *** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 05.09.2024 Division No.7, Commissionerate Jalandhar 406, 420, 506 and 34 IPC

1. The present petition has been filed under Section 528 of the B.N.S.S., of 2023/ Section 482 for quashing of above captioned FIR alongwith all subsequent proceedings arising there from.

2. Counsel for the petitioner submits that a civil dispute is being given a colour of criminal one. Initially consignments which were shown to be standard were retained for few months and after that the complainant kept silent and filed an FIR after a substantial time gap.

3.

Even if this Court accepts the contentions, still criminal intent is not prima facie ruled out. This court cannot close its eyes that investigation would be required to ascertain whether there were a malicious intent of the petitioner. 4.

Given above, investigator is directed to look into the allegations made in the petition and investigate in this regard and the petitioner is directed to join the investigation as and when called upon to do so. The Police report shall not be filed unless the investigation is carried out on the aspects. Raman Kumar 2024.10.29 06:06 I attest to the accuracy and integrity of this document

CRM-M-52890-2024

5. The present petition is disposed of with the aforesaid observation. Pending applications, if any, stand disposed of.

6.

Liberty reserved to the petitioners to come to this Court again, in case need arises. It is clarified this order be not construed as bail to petitioner. (ANOOP CHITKARA) JUDGE October, 29 2024 raman Whether speaking/reasoned :

Yes Whether reportable :

Yes