Gurjant Singh v. State Of Punjab And ANR

CRM-M-54470-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54470-2024 Date of Decision: November 04, 2024 Gurjant Singh ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Ramandeep. Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed for quashing of cross-case bearing DDR No.22, dated 14.06.2020, under Sections 323, 324 and 34 IPC, registered at Police Station City Samana, District Patiala, Annexure P-2, registered in FIR No.78, dated 11.06.2020, under Sections 323, 325, 506, 148, 149 IPC, Police Station Samana, District Patiala alongwith all other consequential proceedings arising therefrom.

2.

Learned counsel for the petitioner submits that at the behest of the petitioner, aforesaid FIR No.78, dated 11.06.2020 was registered and thereafter as a counter blast to the same, the present cross-case by way of above-mentioned DDR No.22, dated 14.06.2020 has been registered with mala fide intentions. He submits that the inquiry was conducted in the same and on the conclusion of the same, cross-case registered vide DDR No.22, dated 14.06.2020 was found to be false. He submits that challan in the FIR has already been presented whereas despite the cancellation having been MEENU 2024.11.05 16:45 I attest to the accuracy and integrity of this document

CRM-M-54470-2024 -2recommended by the Superintendent of Police (Traffic) Patiala, the same has not been filed before the Court of competent jurisdiction. 3.

Notice of motion to respondent No.1-State only. 4.

On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State and submits, on instructions from HC Somnath that after investigation, cancellation report has been recommended, however, the same is yet to be filed. He further submits, on instructions, that the same will be filed within two weeks.

5.

In view of the aforesaid statement by learned State counsel, the present petition is disposed of with a direction to respondent No.1/State to file the cancellation report within two weeks from today before the Court of competent jurisdiction.

However, petitioner would be at liberty to avail his remedy as available to him according to law.

November 04, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.11.05 16:45 I attest to the accuracy and integrity of this document