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Punjab-Haryana High Court

Mandippal Singh @ Mandip Singh vs State Of Punjab And Another on 1 July, 2014

Author: M.M.S. Bedi

Bench: M.M.S. Bedi

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                        CHANDIGARH

                                             CRM-M-21502-2014 (O&M).
                                             Decided on: July 1, 2014.

           Mandippal Singh @ Mandip Singh
                                                                   ..... Petitioner(s)
                           Versus
           State of Punjab and another
                                                                ..... Respondent(s)

           CORAM:              HON'BLE MR. JUSTICE M.M.S. BEDI

           PRESENT             Mr.B.S.Jaswal, Advocate, for the petitioner.
           M.M.S. BEDI, J (ORAL).

Petitioner seeks quashing of FIR No.126 dated 21.7.2012, under Sections 323, 324, 307, 382, 148 & 149 IPC, Police Station, Beas, District Amritsar, registered at the instance of Ranjit Singh alleging that the complainant had been assaulted by the petitioner and three other co-accused. Challan has already been presented. Relying upon the affidavit of complainant-respondent No.2, Ranjit Singh, the petitioner seeks quashing of FIR and criminal proceedings against him.

A perusal of the affidavit of complainant Ranjit Singh indicates that the name of the petitioner had been wrongly mentioned by the Investigating Officer and that the complainant did not have any scuffle with the present petitioner.

I have heard the learned counsel for the petitioner. Partial quashing of FIR and criminal proceedings qua the petitioner, at this stage, does not appear to be permissible. However, it will be open to the complainant Ranjit Singh to depose the truth on oath before the Court. In case the complainant turns hostile qua the petitioner while deposing in the Court, it will be open to the petitioner to seek exemption from personal appearance before the trial Court thereafter subject to any conditions imposed by the Court.

Dismissed with above said observations.

(M.M.S. BEDI) July 1, 2014. JUDGE rka raj kumar arora 2014.07.01 15:49 I attest to the accuracy and integrity of this document