Punjab-Haryana High Court
Bhawana Gupta And Others vs State Of Punjab on 13 September, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:121165
2023:PHHC:121165
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
107+237 CRM-38365-2023 in/and
CRM-M-23437-2023
Date of Decision: 13.09.2023
Bhawna Gupta and others ......... Pe oners
Versus
State of Punjab and another ......... Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:- Mr. Randeep Rai, Senior Advocate,
Mr. Chetan Mi!al, Senior Advocate with
Mr. Pawan Narang, Advocate,
Mr. Gautam Du!, Advocate,
Mr. Mayank Aggarwal, Advocate,
Mr. Udit Garg, Advocate,
Mr. Kunal Mulwani, Advocate,
Ms. Sukri Rai, Advocate,
Mr. Arjun S. Rai, Advocate and
Mr. Farhat Kohli, Advocate for the pe oners.
Mr. Gaurva Garg Dhuriwala, Addl.A.G., Punjab.
Mr.P.S. Ahluwalia, Advocate for complainant-respondent No. 2.
****
ANOOP CHITKARA, J. (ORAL)
1. Pe oners have come before this Court under Sec on 482 Cr.P.C. read with Sec on 439 Cr.P.C. seeking quashing of FIR No.41 (Annexure P-2) dated 05.05.2023 under Sec ons 279, 337, 427 of IPC, Sec ons 3 and 4 of the Scheduled Castes and Scheduled Tribes (Preven on of Atroci es) Act, 1989 registered at Police Sta on Division No.3, District Ludhiana Police Commissionerate, stay the opera on, effect and implementa on of the same, release the pe oners on interim bail during the pendency of the cap oned pe on and further prayed for stay of proceeding before trial Court atleast for two weeks.
2. State counsel has raised a serious objec on to the nature of this composite pe on that it is not maintainable because there is no provision to file a composite pe on like this.
3. On this, Mr. R.S. Rai, Senior Advocate submits that they would be filing separate quashing pe ons on behalf of all the three persons shortly and he seeks an 1 of 3 ::: Downloaded on - 18-09-2023 21:42:10 ::: Neutral Citation No:=2023:PHHC:121165 CRM-38365-2023 in/and -2- 2023:PHHC:121165 CRM-M-23437-2023 adjournment and submits that he would conifine the present pe on only for the purpose of bail under Sec on 439 Cr.P.C.
4. Given the prayer of the counsel for the pe oners, the present pe on is confined only under Sec on 439 Cr.P.C.
5. Mr. P.S. Ahulwalia, Advocate opposes the present pe on on the ground that appeal is maintainable for trial under Sec on Scheduled Castes and Scheduled Tribes (Preven on of Atroci es) Act, 1989 and not the pe on under Sec on 439 Cr.P.C., therefore, pe on is liable to be dismissed.
6. Counsel for the pe oners submits that pe oners are on interim bail pursuant to orders passed by this Court dated 06.05.2023 and 09.05.2023 and there is no allega ons of any viola on by them and prayed for grant of bail. Counsel for the pe oners further submits that appeal lie only when the bail is rejected by the Sessions Court or trial Court, however, pe oners filed this pe on straightway before this Court.
7. Given above, present pe on qua grant of bail is allowed. Interim order is made absolute. Liberty reserved to the pe oners to file a separate pe on under Sec on 482 Cr.P.C with clarifica on that if such pe on is filed, then the observa ons made in the regular bail pe on i.e. present pe on shall not be construed as an expression of opinion against the complainant or in favour of the pe oner. It is further clarified that in the said quashing pe on, respondent No. 2 will certainly be made a party and he shall be served through the counsel represen ng the complainant before this Court in the present pe on for the reasons that the present pe on had mul ple prayers i.e. bail as well as quashing pe on. It is further clarified that while filing fresh quashing pe ons, the pe oners shall supply advance copy to Mr. P.S. Ahluwalia Advocate, counsel represen ng the complainant as well as to Mr. Gaurav Garg Dhuriwala, Addl. A.G., Punjab to whom this case has been specially earmarked by the Government of Punjab. This Court cannot overlook the fact that the me constraint under which the present pe on was filed would certainly leave a scope for these kind of technical errors.
2 of 3
::: Downloaded on - 18-09-2023 21:42:10 :::
Neutral Citation No:=2023:PHHC:121165
CRM-38365-2023 in/and -3- 2023:PHHC:121165
CRM-M-23437-2023
8. Since the error on the part of the pe oners to file the composite pe on cannot be said to be illegal, as such, no steps shall be taken against the pe oners for a period of one week to enable the pe oner to file fresh quashing pe on. It is clarified that for a period of one week, the police report shall not be filed under Sec on 173 Cr.P.C.
(ANOOP CHITKARA)
JUDGE
13.09.2023
Jyo -II
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:121165
3 of 3
::: Downloaded on - 18-09-2023 21:42:10 :::