Lakhwinder Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 57094 of 2024 Date of Decision: 25.11.2024 Lakhwinder Singh ...PeƟƟoner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. A.S. Jawandha, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 08.08.2020 Sadar Nabha, District PaƟala 353, 186, 506 IPC 1.

Seeking quashing of the FIR capƟoned above, report under SecƟon 173 CrPC and challan dated 23.02.2022, the peƟƟoner has come up before this Court under SecƟon 528 BNSS, 2023.

2.

State counsel submits that earlier the peƟƟoner had filed CRR No.2022 of 2024 seeking quashing of order dated 11.07.2024 vide which trial Court dismissed the applicaƟon under SecƟon 239 CrPC but without challenging the charges, the said peƟƟon was disposed of as withdrawn vide order dated 18.10.2024. Now again, for the second Ɵme the peƟƟoner has approached this Court but this Ɵme also, charges have not been challenged. State counsel further submits that she has specific instrucƟons that charges have been framed, as such the present peƟƟon is not maintainable because the order of framing of charges is required to be challenged explicitly. 3.

Given above, the present peƟƟon is dismissed with clarificaƟon that in case peƟƟoner challenges the order of framing of charges, then the Ɵme for which the present peƟƟon was pending before this Court shall not be counted for the purpose of limitaƟon. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 25.11.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.11.29 16:57 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh