JOGINDER SINGH Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) Petitioner seeks quashing of FIR No.270 dated 14.8.2009, under Sections 419, 465, 468 & 471 Indian Penal Code and Section 12 of the Passport Act, 1967, registered at Police Station, Division No.4, Jalandhar, District Jalandhar, on the ground that he has been falsely implicated in the present case and that for the same allegations an FIR No.172 dated 3.7.2006, under Section 420 IPC, has also been registered at Police Station, Banga, District Nawanshahar.

(2.) In the reply filed, it has been pleaded that though earlier an FIR No.172 dated 3.7.2006, under Section 420 IPC, was registered at Police Station, Banga, District Nawanshahar, but the said case was sent as "cancelled" to the Senior Superintendent of Police, by the SHO Banga on 5.8.2006. The said cancellation report has not been accepted by the Court of the Chief Judicial Magistrate, Nawanshahar but so far as the investigation in case FIR No.270 dated 14.8.2009, is concerned, it has been informed that the investigation has been completed and the challan stands presented. The charges have also been framed against the petitioner in the said FIR.

(3.) After going through the reply, this Court is satisfied that the petitioner cannot claim that for same offence he is being tried in two separate Court especially when the FIR No.172 dated 3.7.2006, under Section 420 IPC, registered at Police Station, Banga, District Nawanshahar, has been cancelled. In the interest of justice, this petition is disposed of with a direction to Ilaqua Magistrate, Nawanshahar, to accept the cancellation report in FIR No.172 dated 3.7.2006, under Section 420 IPC, Police Station, Banga, District Nawanshahar, registered against the petitioner. However, it will be open to the Prosecution Agency to continue with the criminal proceedings pending in the Court of the Chief Judicial Magistrate, Jalandhar in FIR No.270 dated 14.8.2009, under Sections 419, 465, 468 & 471 Indian Penal Code and Section 12 of the Passport Act, 1967, registered at Police Station, Division No.4, Jalandhar, District Jalandhar.