High Court of Punjab and HaryanaCRM-M/63733/2024dismissed

Tarsem Singh Alias Shammi And Another v. State Of Punjab

2025-05-12Mr. Justice Harpreet Singh Brar2 pages

CRM-M No.63733 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-63733-2024 (O&M) Date of decision: 12.05.2025 Tarsem Singh @ Shammi and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Sahil Soi, Advocate for the petitioners.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) Prayer in this petition filed under Section 528 of BNSS, 2023 is for quashing of statement of complainant dated 18.09.2024 (Annexure P-2) recorded in CHI No.42 of 2023, in FIR No.81 dated 26.06.2022 under Sections 332, 353, 186, 506, 34 IPC Police Station Lohian, District Jalandhar (Rural), vide which the complainant Sct. Kewal Krishan has tendered a copy of MLR (Annexure P-3), allegedly conducted on 26.6.2022 by Dr. Tarun Sabharwal at CHC Lohian Khas, Jalandhar, whereas during the whole investigation, the said MLR was neither mentioned in the list of documents nor the doctor was cited in the list of witnesses.

Learned State counsel, at the very outset, submits that the present petition is pre-mature, the MLR attached with the paperbook as Annexure P-3, has not been exhibited as document, which is uncertified MOHD YAKUB 2025.05.12 18:20 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M No.63733 of 2024 copy and a marked document and its admissibility would be decided by the learned trial Court. The cause of action, if any, for the petitioner would arise in case any order is passed by the learned trial Court, summoning the doctor concerned, who was not cited as a prosecution witness.

In view of the above, learned counsel for the petitioner wishes to withdraw the present petition with liberty to approach this Court again in case any such order for summoning of doctor concerned is passed by learned trial Court.

Dismissed as withdrawn with liberty aforesaid. (HARPREET SINGH BRAR) JUDGE 12.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.05.12 18:20 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh