LAWS(CAL)-2013-3-50

PARMINDER LALL Vs. STATE

Decided On March 20, 2013
Parminder Lall Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE present case arises out of an application under section 482 of the Code of Criminal Procedure, 1973 for quashing of the criminal proceedings of GR case No 3369 of 2010 arising out of Pahargaon Police Station case No 320 of 2010 dated 26.11.2010 under section 354/323/504 of Indian Penal Code.

(2.) THE grievances of the petitioner may briefly be stated as follows:-

(3.) THE learned counsel appearing for the State, on the other hand, has submitted that the investigating officer during investigation collected evidence and materials in support of the allegation of the petitioner and accordingly he has submitted Charge Sheet. It is further argued that the point for adjudication is weather mere use of slang language will constitute any offence publishable under section 504 of Indian Penal Code and this fact finding can only be made at the time of trial by taking evidence. In such circumstances, it is submitted, when a Prima facie case has been established against the present petitioner, the proceedings of the concerned GR case should not be quashed.