Punjab-Haryana High Court
Avneesh Gupta @ Avneesh Aggarwal And Anr vs State Of Haryana And Others on 23 November, 2022
Author: Vikas Bahl
Bench: Vikas Bahl
CRM-M-54308-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(115)
CRM-M-54308-2022
Date of decision: - 22.11.2022
Avneesh Gupta @ Avneesh Aggarwal and another
...Petitioners
Versus
State of Haryana and another
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Diwan S. Adlakha, Advocate,
for the petitioners.
****
VIKAS BAHL, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.232 dated 24.09.2021, under Sections 420, 406 and 120-B IPC, registered at Police Station Sadhaura, District Yamuna Nagar and all the subsequent proceedings arising therefrom.
On a pointed query raised by this Court, learned counsel for the petitioners has submitted that the report under Section 173 Cr.P.C. has not been filed as yet and has stated that the petitioners would be satisfied in case the present petition is treated as a representation and the Superintendent of Police, Yamuna Nagar is directed to look into the same before submitting the report under Section 173 Cr.P.C..
In view of the above, the present petition is disposed of with a direction to the Superintendent of Police, Yamuna Nagar to look into the averments made in the present petition along with the accompanying 1 of 2 ::: Downloaded on - 24-11-2022 16:40:48 ::: CRM-M-54308-2022 -2- documents before submitting the report under Section 173 Cr.P.C.
It is made clear that in case the report under Section 173 Cr.P.C. is against the present petitioners, then, liberty is granted to the petitioners to file a fresh petition for quashing of the FIR under Section 482 Cr.P.C. and all the consequential proceedings arising therefrom.
It is also made clear that any such second petition, if any, filed by the petitioners, would be considered independently on its merit, in accordance with law.
( VIKAS BAHL )
November 22, 2022 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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