LAWS(SC)-2016-12-73

SOMESH SHARMA Vs. UNION TERRITORY CHANDIGARH

Decided On December 06, 2016
Somesh Sharma Appellant
V/S
UNION TERRITORY CHANDIGARH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is against the order of the High Court of Punjab and Haryana dated 10th Jan., 2014 passed in CRM.M. No.42626 of 2013 by which the application filed by the accused - appellants under Sec. 482 Crimial P.C. for quashing of the criminal proceedings against the accused appellants under Sections 406, 420, 120-B Penal Code has been rejected by the High Court.

(3.) In response to the present appeal, the State of Punjab has filed an affidavit dated 6th Oct., 2015 wherein it has been stated that upon investigation the allegations made in the First Information Report (FIR) remain unsubstantiated and further that though the cooperation of the complainant was sought the address furnished by him in the complaint petition as well as other particulars including the mobile phone number have been proved to be incorrect. Paragraphs 4 and 5 of the aforesaid affidavit which would be relevant read as follows :