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High Court of Punjab and HaryanaCRM-M/52767/2024disposed of

Atul Saubhri v. State Of Haryana And Another

2025-01-22Mr. Justice Sanjay Vashisth2 pages

CRM-M-52767-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.124 Case No. : CRM-M-52767-2024 Decided On : January 22, 2025 Atul Saubhri ....

Petitioner vs.

State of Haryana and another ....

Respondents CORAM :

HON'BLE MR. JUSTICE SANJAY VASHISTH.

* * * Present :

Mr. Lupil Gupta, Advocate for the petitioner.

* * * SANJAY VASHISTH , J. (Oral) :

1.

Prayer in the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for quashing the order dated 17.09.2024 (Annexure P-1), passed by learned Judicial Magistrate Ist Class, Gurugram, whereby the Criminal Complaint bearing No. COMI227/2024 dated 04.04.2024 (Annexure P-5), has been sent to the SHO of Police Station Shivaji Nagar, Gurugram to register FIR and investigate the matter. Further prayer is for quashing the FIR No.363 dated 03.10.2024, under Sections 323, 325, 34, 509 IPC, registered at Police Station Shivaji Nagar, Gurugram (Annexure P-2) and all the consequential proceedings arising therefrom.

2.

Pursuant to advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana appears and on instructions from SI Ved Parkash, from Police Station Shivaji Nagar, District Gurugram, submits that after completion of MONIKA 2025.01.23 11:11 I attest to the accuracy and integrity of this document

CRM-M-52767-2024 investigation, cancellation report has been prepared on 13.11.2024 and is likely to be submitted very soon before the Court of learned Area Magistrate.

3.

In view of the submissions made by learned State counsel, learned counsel for the petitioner does not press the present petition. However, he prays for grant of liberty to seek revival of the present petition, in case necessity arises.

4.

Accordingly, the present petition is disposed of being not pressed, at this stage and liberty is granted to seek revival of the present petition, if State does not abide by its' statement.

5.

Let the proceedings with regard to submission of final report before the Court of Area Magistrate be expedited, preferably within a period of three months from today.

January 22, 2025 (SANJAY VASHISTH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2025.01.23 11:11 I attest to the accuracy and integrity of this document