LAWS(SC)-2012-5-91

VINEET HANDA Vs. STATE OF HARYANA AND ORS.

Decided On May 01, 2012
Vineet Handa Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) Taken on board. This petition is directed against order dated 03.04.2012 passed by the learned Single Judge of the Punjab and Haryana High Court whereby he dismissed the petition filed by the Petitioner under Section 482 Code of Criminal Procedure. for quashing the First Information Report registered on 06.02.2008 at Police Station DLF Phase II, against the Petitioner and 16 others under Sections 420, 406, 409, 415, 468, 471, 34 and 120E of the Indian Penal Code and order dated 8.3.2011 passed by Chief Judicial Magistrate, Gurgaon whereby the concerned officer declined to accept the cancellation report filed by the Investigating Agency and took cognizance against the Petitioner and other-persons named as accused for offences under Sections 406/420/467/468 and 120B Indian Penal Code.

(2.) The Petitioner had filed Criminal Misc.-M No. 10651/2011 under Section 482 Code of Criminal Procedure. on 18.04.2011 for quashing the First Information Report and the order passed by the Chief Judicial Magistrate. The Registry of the High Court listed the case before the learned Single Judge on that very day. When the Petitioner's counsel found that the learned Judge is not inclined to entertain the petition, he made a request for permission to withdraw the petition. Accordingly, the petition was dismissed as withdrawn. The relevant portions of order dated 18.4.2011 passed by the learned Single Judge are extracted below:

(3.) After some time, Criminal Misc.-M No. 21409 of 2011 was filed by R.C. Berri and Ors. under Section 482 Code of Criminal Procedure. for quashing of FIR No. 177 dated 8.6.2007 registered under Sections 406/409/420 Indian Penal Code at Police Station DLF Phase II, Gurgaon and also for setting aside order dated 8.3.2011 passed by Chief Judicial Magistrate, Gurgaon.