Punjab-Haryana High Court
Davinder Singh vs U.T. Chandigarh And Another on 19 March, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-7090 of 2009 (O&M)
Date of decision: 19th March, 2009
Davinder Singh
... Petitioner
Versus
U.T. Chandigarh and another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Rakesh Bhatia, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Petitioner has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. and has sought quashing of the FIR No. 294 dated 16.05.2008 registered at Police Station Sector 17, Chandigarh under Sections 451, 380 and 506 IPC.
Counsel for the petitioner has submitted that the complainant is niece of Sucha Singh landlord, therefore, she is not aggrieved person. FIR can be lodged by any person, in whose knowledge offence has been committed. It has been secondly submitted that landlord and the petitioner are embroiled into litigation, therefore, present case is a counter-blast. It has further been submitted that petitioner has filed a suit, which is pending in the Court of Mr. Sudhir Parmar, Civil Judge (Jr. Division), Chandigarh and therefore, present case is a counter-blast to initiation of civil suit by the petitioner. Counsel has stated at bar that report under Section 173 Cr.P.C. (challan) has not been submitted and his version that the present case is a counter-blast and no offence is made out, is not being considered by the Investigating Officer.
Criminal Misc. No. M-7090 of 2009 (O&M) 2
Issue notice of motion.
On the asking of Court, Mr.Anupam Gupta, Standing Counsel for U.T. Chandigarh accepts notice on behalf of respondent No.1.
The Investigating Officer, before submitting report under Section 173 Cr.P.C. (challan), on appearance of the petitioner, shall consider his version. Investigating Officer shall go into truth and veracity of the version and will arrive at a conclusion independently, without prejudice to the parties.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA] JUDGE March 19, 2009 rps