Rashmi Singh And ORS v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-54778-2024 (O&M) Date of Decision:-6.11.2024 Rashmi Singh and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gurinder Singh Dhot, Advocate for the petitioners. Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek quashing of FIR No.0432, dated 18.11.2019 registered at Police Station Zirakpur, District SAS Nagar (Mohali), under Sections 306 and 34 of Indian Penal Code (Annexure P-1); Police Report (challan) filed under Section 173 Cr.P.C. (Annexure P-2) and all consequential proceedings arising out of the said FIR.

2.

Learned State counsel has, however, informed that investigation is complete and challan has been presented and the matter is now fixed before the Trial Court to consider the question as regards framing of charges on 27.11.2024. 3.

In view of the aforestated position, the instant petition is disposed of with liberty to the petitioners to raise all the pleas as have been raised herein before the Trial Court at the stage of considering the question as regards framing of charges.

Pankaj Kakkar 2024.11.06 17:03 I attest to the accuracy and authenticity of this document

CRM-M-54778-2024 (O&M) ( 2 ) 4.

Needless to mention, the petitioners would be at liberty to raise all such pleas including their plea to the effect that the complainant at the time of reporting the matter to the police had given a clean chit to the accused and had not raised any suspicion against anyone.

5.

The Trial Court while considering the question as regards framing of charges would be expected to consider all such pleas as may be raised before it. 6.

In case, any application is moved by the petitioners before the Trial Court seeking exemption from their personal appearance, the Trial Court shall consider the same in accordance with law having regard to the fact that the petitioners are stated to be residents of Uttar Pradesh (UP). Needless to mention, while considering such application, the Trial Court shall verify the assertions as may be made therein and in case it is of the opinion that the presence of the petitioners is required for specific purpose, then appropriate direction in that regard be issued.

7.

The instant petition stands disposed off accordingly. 6.11.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.11.06 17:03 I attest to the accuracy and authenticity of this document