PURAN SINGH ANKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has moved this Court for quashing F.I.R. No. 259 dated 25th November, 1990, registered at Police Station Kotwali, Bathinda, under Section 505 of the Indian Penal Code. The petitioner has given an English translation of the F.I.R. in para 3 of the petition and the same reads thus : -

(2.) THE principal grouse of the petitioner is that the allegations made in the F.I.R. do not constitute an offence under Section 505 of the Indian Penal Code. He does not say that no cognizable offence is made out. After investigation of the case, the challan has to be filed in Court, and it will be for the Court seized of the case to find out on facts proved as to what offence has been committed by the accused. Misdescription or wrong mentioning of Section in the F.I.R. will not be a ground for quashing the F.I.R. The matter is under investigation. The police file has been produced and it discloses that the police, after obtaining sanction from the District Magistrate, is investigating the case.

(3.) THE F.I.R. is still at investigation stage. The Police is collecting evidence, and if satisfied that the evidence collected can result in conviction of the petitioner, the challan will be filed. It will be unjust to quash the F.I.R. at this stage when the matter is under investigation.