ARVINDERVIRSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) This appeal is directed against the judgment and order passed by the High Court of Punjab and Haryana in Criminal Misc. No. 21068 of 1997. The appellant had filed that application under Section 482 of the Code of Criminal Procedure, for getting quashed the criminal proceedings initiated pursuant to R. C. No. 33 of 1993 dated 8-10-1993 filed by the C. B. I. and the report made under Section 173 Cr. P. C. to the Designated Court, on the ground that the said complaint and the report do not disclose commission of any offence and that initiation of the said proceedings amounts to an abuse of the process of the Court. The High Court by its order dated 24-9-97 dismissed that application on the ground that the intention of the appellant was to delay the proceedings and that no formal complaint under Section 195 (1) (b) was required for issuing the process and that it will be open to the appellant to take all the pleas including the plea that the complaint does not disclose any offence, at the time of framing of the charge.