GAGANDEEP JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dtd. 5/8/2021 passed by the Judicial Magistrate 1st Class, Ludhiana, vide which report under Sec. 173 Cr.P.C. submitted in FIR No.36 dtd. 31/5/2016 under Sec. 406 IPC, registered at Police Station Jodhan, District Ludhiana Rural, before the Illaqa Magistrate, was not returned.

(2.) Learned counsel for the petitioner submits that after registration of the FIR, the petitioner filed, praying for quashing of aforesaid FIR and the same was disposed of vide order dtd. 23/9/2016, by passing the following order: -

(3.) Learned counsel for the petitioner further submits that since before submitting the report under Sec. 173 Cr.P.C., directions contained in the order dtd. 23/9/2016 were not complied with, as the investigating agency has not formed an opinion regarding culpability of the petitioner. It is also submitted that when the challan was presented and an application was moved by the petitioner with a request that challan be returned to the police for re- submitting the same, after compliance of the order dtd. 23/9/2016, as there is no specific mention that same is presented after compliance of the order dtd. 23/9/2016. The trial Court, vide impugned order dtd. 5/8/2021, dismissed the application. It is thus submitted that the trial Court has committed mistake in not returning the challan to comply with the aforesaid order.