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(2022) Law Today Live Doc. Id. 16581
Decided on: 17.03.2022
Present:
Mr. Manjeet Singh, Advocate, for the petitioner.
Ms. Bhavna Gupta, DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Section 406, 498-A -- Quashing of FIR -- Investigation is pending, challan has not been presented -- Held, petition is premature at this stage -- Petitioner would be at liberty to approach the court after filing of the challan.
(Para 3-5)
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RAJESH BHARDWAJ, J. (ORAL) –
1. Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Prayer in the present petition is for quashing of the FIR No.89 dated 29.12.2020, registered under Sections 406, 498-A IPC at Police Station Women, Ludhiana and all the subsequent proceedings arising therefrom.
3. It has been contended by learned counsel for the petitioner that the prosecution of the petitioner in the present FIR is nothing but an abuse of the process of the Court. He submits that there are false and frivolous allegations against the petitioner, who is the Jethani of the complainant. However, on the conclusion of the investigation, the Investigating Agency filed challan only against Kuldeep Singh, the husband of the complainant and mother-in-law Bhawri Devi and no case was found against the present petitioner. Later on opinion of the District Attorney (Legal), Ludhiana was obtained on 10.2.2022, wherein the role of the petitioner was alleged in view of the statement of one Bahadur Singh, uncle of the complainant and thereafter, the petitioner was again nominated by the Investigating Agency in the category of the accused. However, he candidly acknowledges that investigation against the petitioner is till date pending and as per his information, challan against the petitioner is not yet presented.
4. Learned State counsel submits that the investigation against the petitioner is going on and the same is likely to be concluded within one month.
5. In view of the attending position, I find that the present petition is pre-mature at this stage and on the statement of the learned State counsel that the investigation would be completed within one month, this petition is disposed of at this stage. However, the petitioner would be at liberty to approach this Court in case need so arise in future after filing of the challan.
Order accordingly.
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