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High Court of Punjab and HaryanaCRM-M/51343/2019dismissed

Vishal Gupta v. State Of Punjab And Another

2023-08-28Mr. Justice Anoop Chitkara1 pages

CRM-M No.51343 OF 2019 2023:PHHC: 112390

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.51343 OF 2019(O&M) Date of Decision: 28-08-2023 Vishal Gupta ... Petitioner(s)

Versus

State of Punjab & another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- None for the petitioner.

Mr. Karunesh Kaushal, AAG, Punjab.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 28.11.2018 Vigilance Bureau, Patiala 7 of the Prevention of Corruption Act, 1988 read with Section 120-B IPC Aggrieved by the registration of FIR captioned above, the petitioner-accused has come up before this court under section 482 CrPC for its quashing. 2.

No one has put in appearance on behalf of the petitioner the last two dates. Even today, despite pass over twice, no one appeared for the petitioner. 3.

Even otherwise, a perusal of the petition reveals that the petitioner seeks quashing of the FIR whereas charges have been framed and even the prosecution witnesses have been examined. It is well settled that once a judicial order framing charges has been passed, it shows application of judicial mind and such order has to be specifically challenged.

4.

Accordingly, no interference is called for in the present petition and the same is hereby dismissed. However, liberty is granted to the petitioner to challenge the order of framing of charge. It is clarified that the period during which the present petition remained pending before this Court, shall not be counted for the purpose of limitation. (ANOOP CHITKARA) JUDGE August 28, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.08.29 14:36 I attest to the accuracy and authenticity of this order/judgment