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[Cites 4, Cited by 1]

Punjab-Haryana High Court

Harbhajan Singh Sandhu vs State Of Haryana And Another on 8 November, 2013

Author: Sabina

Bench: Sabina

           Criminal Misc.M No. 37110 of 2013 (O&M)                                      1

             In the High Court of Punjab and Haryana at Chandigarh

                                      Criminal Misc.M No. 37110 of 2013 (O&M)
                                          Date of decision: November 08,2013


           Harbhajan Singh Sandhu                                    ......Petitioner




                                               Versus



           State of Haryana and another                          .......Respondents


           CORAM: HON'BLE MRS. JUSTICE SABINA

           Present:            Mr.Deepak Gupta,Advocate
                               for the petitioner.


                                      ****

           SABINA, J.

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 for quashing of FIR No.3 dated 7.1.2007 under Section 420 of the Indian Penal Code, 1860 (`IPC' for short) (Annexure P1) and challan dated 19.7.2008 under Sections 420 and 120-B IPC (Annexure P2) registered at Police Station Division No.5, Ludhiana and all consequential proceedings arising therefrom .

I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.

Prosecution story, in brief, is that industrial licence was granted to M/s Punjab Exports for manufacture of goods for export Raj Kumari purposes. Harbhajan Singh Sandhu being partner of M/s Punjab 2013.11.11 10:50 I attest to the accuracy and integrity of this document Criminal Misc.M No. 37110 of 2013 (O&M) 2 Exports and Managing Partner of M/s Fashion World International had executed the necessary surety bonds. However, Harbhajan Singh Sandhu had sold the land of the three units i.e. M/s Fashion World International, M/s Punjab Exports and M/s Sandhu Fabrics.

In the present case, admittedly, petitioner being partner of M/s Punjab Exports had executed the necessary surety bonds. However, petitioner sold the land of three units i.e. M/s Fashion World International, M/s Punjab Export and M/s Sandhu Fabrics. After registration of the FIR, petitioner has again repurchased the land sold by him. However, that in itself would not be a ground to quash the FIR in question as the alleged offence had already been committed by the petitioner. In these circumstances, no ground to scuttle the criminal proceedings at the very threshold is made out.

Dismissed.

(Sabina) Judge November 08, 2013 arya Raj Kumari 2013.11.11 10:50 I attest to the accuracy and integrity of this document