Lovejeet Singh @ Babble Rozar v. State Of Punjab And Another

CRM-M-60137-2022 -12023:PHHC:045438

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60137-2022 (O&M) Decided on : 27.03.2023 Lovejeet Singh @ Babble Rozar ...... Petitioner

Versus

State of Punjab and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. G.S.Verma, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.49 dated 24.04.2015 under Sections 406, 420, 120-B IPC registered at Police Station Bhogpur District Jalandhar and all subsequent proceedings arising therefrom qua the petitioner.

Learned counsel for the petitioner inter alia contends that a perusal of the FIR reveals that thrust of the allegations are against the father of the petitioner namely Balkar Singh, who was challaned by the investigating agency subsequent to the lodging of the FIR in question and had been facing trial. Learned counsel submits that the petitioner alongwith her mother was found to be innocent during trial, however, he was now being sought to be falsely implicated in the case in hand on the basis of the deposition of the complainant Maninder Singh as PW-1 during trial. Learned counsel further submits that the trial Court had erred in summoning the petitioner as an additional accused under SONIA BURA 2023.03.28 18:49 I attest to the accuracy and integrity of this document

CRM-M-60137-2022 -22023:PHHC:045438 Section 319 Cr.PC even though the FIR in question clearly revealed that the petitioner had no role to play in the crime in question. Heard learned counsel for the petitioner and perused the relevant material available on record.

The petitioner, though is seeking quashing of FIR in question qua him, however, he has not impugned his summoning under Section 319 Cr.PC. This Court in the above circumstances finds it extremely strange as to how the FIR in question can be quashed against the petitioner, more so, when on the basis of the evidence led before the trial Court, an application filed under Section 319 Cr.PC for summoning the petitioner as an additional accused was allowed and as conceded by the learned counsel as well the order dated 10.10.2017 (Annexure P-7) summoning him under Section 319 Cr.PC, has not even been impugned.

This Court, in the above circumstances and at this stage when the trial is almost nearing completion, would be most reluctant to invoke its inherent jurisdiction under Section 482 Cr.PC to quash the FIR in question. Accordingly, the present petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE 27.03.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.28 18:49 I attest to the accuracy and integrity of this document