Prithvi Raj Bijlani v. Union Territory Of Chandigarh

CRM-M-33432-2018 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRM-M-33432-2018 (O&M) Reserved on 11th December, 2018 Decided on 11th January, 2019 Prithvi Raj Bijlani ..Petitioner versus Union Territory of Chandigarh ..Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Amarendra Sharan, Senior Advocate, with Mr. Rohit Khanna, Advocate and Mr. Sanchit Guru, Advocate for the petitioner Ms. Ashima Mor, APP, Union Territory, Chandigarh for the respondent.

RAMENDRA JAIN, J.

Through this petition under section 482, Code of Criminal Procedure, the petitioner has laid challenge to the legality and validity of the impugned order dated 13.7.2018 (Annexure P-1) of the lower revisional court, affirming orders dated 07.01.2017 (Annexures P-3) framing charge sheet against him under sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (" in short "PCMCS Act") and Section 420 IPC and dated 11.1.2017 ( Annexure P-2) of the trial court, clubbing police challan no.10111/2013 with challan bearing PCH No.10109/2013 for conducting trial in challan no.10109/2013, arising out of FIR No.280 dated 02.12.2002 registered under sections 3 and 4 of the PCMCS Act coupled with Section 420 IPC at Police Station, Sector 26, Chandigarh.

VIRENDER KUMAR 2019.01.25 11:14 I attest to the accuracy and integrity of this document

CRM-M-33432-2018 (O&M) 2 Both the sides are ad idem that the instant case is squarely covered by the decision rendered in CRM-M-39703-2018 titled "William Scott Pinckney versus Union Territory of Chandigarh" decided on 30.10.2018. Therefore, this petition may be disposed of in the same terms as in the case, referred to above.

In view of the above conceded position by both the parties, this petition succeeds and is accepted qua petitioner only in the same terms as in CRM-M-39703-2018 titled William Scott Pinckney versus Union Territory of Chandigarh, decided on 30.10.2018. Consequently, FIR No.280 dated 02.12.2002 registered under sections 3 and 4 of the PCMCS Act and section 420 IPC at Police Station, Sector 26, Chandigarh, including that of impugned orders dated 13.7.2018 (Annexure P-1); dated 11.1.2017 (Annexure P-2) and dated 07.01.2017 (Annexure P-3) passed by the courts below are quashed.

11th January, 2019 ( RAMENDRA JAIN) VK JUDGE 1.

Whether speaking/reasoned Yes/No 2.

Whether Reportable Yes/No VIRENDER KUMAR 2019.01.25 11:14 I attest to the accuracy and integrity of this document