Punjab-Haryana High Court
Sanjiv Kumar vs State Of Punjab & Anr on 10 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CRM-M No.10764-2009 (O&M) -:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-10764-2009 (O&M)
Date of decision : September 10, 2014
Sanjiv Kumar
...... Petitioner
Versus
State of Punjab & another
...... Respondents
CORAM : HON'BLE MS.JUSTICE RITU BAHRI
***
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
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Present : Mr. Pawan Kumar, Senior Advocate, with
Mr. Anshuman Mandhar, Advocate,
for the petitioner.
Ms. Anmol Grewal, AAG, Punjab.
Ms. Jatinder Jit Kaur, Advocate,
for respondent No.2.
***
RITU BAHRI, J. (Oral)
This petition has been filed for quashing of FIR No.26 dated 10.2.1998, registered under Sections 353, 382, 506, 186, 34 IPC Police Station Majitha along with subsequent proceedings taken therein including quashing of orders dated 26.3.2009 passed by Judicial Magistrate Ist Class, Amritsar whereby dismissal of the application under Section 321 Cr.P.C. for withdrawal of the prosecution as well as the charge-sheet were ordered.
Vide order dated 4.9.2001, Annexure P-4, the Deputy Secretary GAURAV SOROT 2014.09.18 16:57 I attest to the accuracy and integrity of this document CRM-M No.10764-2009 (O&M) -:2:- Home, gave necessary instructions to the District Magistrate, Amritsar that the Government have decided to withdraw the case from the prosecution and necessary directions were issued to the District Attorney, Amritsar to take action accordingly. Thereafter an application was made under Section 321 Cr.P.C. for withdrawing of the case by Public Prosecutor vide Annexure P-5.
As per the allegations in the FIR, the accused had assaulted the complainant while he was discharging his official duties. The accused had made an attempt to take record from the complainant and criminally intimidated him. Thereafter, a report under Section 173 Cr.P.C. was presented before the trial Court and case was fixed for framing of charges. At this stage the Government decided to withdraw this case from the prosecution vide Annexure P-4, after going through the relevant material and documents on record; and found that there were weak chances of success. This application was dismissed by the trial Court on 26.03.2009, vide Annexure P-8.
This petition was admitted for final hearing on 8.3.2010. Counsel for the complainant in the FIR in question had perused the proceedings of the FIR upto the Supreme Court in the year 2005 and at this stage she has no objection if the aforesaid FIR is quashed.
The provisions of Section 321 have been discussed in detail by the Supreme Court in case titled as Sheonandan Paswan vs. State of Bihar & Ors. AIR 1983, SC 194, which is reproduced as under:-
54. xxxxxxx "In our opinion, the object of Section 321 Cr.P.C. appears to be to reserve power to the Executive Government to withdraw any criminal case on larger grounds of public policy such as inexpediency of prosecutions GAURAV SOROT 2014.09.18 16:57 I attest to the accuracy and integrity of this document CRM-M No.10764-2009 (O&M) -:3:- for reasons of State; broader public interest like maintenance of law and order; maintenance of public peace and harmony, social, economic and political; changed social and political situation; avoidance of destabilization of a stable Government and the like. And such powers have been, in our opinion, rightly reserved for the Government; for, who but the Government is in the know of such conditions aid situations prevailing in a State or in the country? Ins Court is not a position to know such situations."
Keeping in view the above and in view of the decision taken by the Government, FIR No.26 dated 10.2.1998, registered under Sections 353, 382, 506, 186, 34 IPC Police Station Majitha is quashed alongwith all the consequential proceedings arising therefrom qua the petitioner.
Allowed.
( RITU BAHRI )
September 10, 2014 JUDGE
Gaurav Sorot
GAURAV SOROT
2014.09.18 16:57
I attest to the accuracy and
integrity of this document