KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No. 173 dtd. 4/12/2006, registered under Ss. 379, 411 of the IPC and Ss. 32, 33 of the Indian Forest Act, 1927 at Police Station Noormahal, District Jalandhar along with all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner submits that as per allegations in the FIR, no one was arrested at the spot and a tractor trolley was recovered. It is further submitted that the FIR pertains to the year 2006 and despite the lapse of a period of more than 11 years, the police has not completed the investigation and has not submitted the final report under Sec. 173 Cr.P.C. before the trial Court/Illaqua Magistrate.

(3.) Learned counsel for the petitioner further submits that in terms of the limitation provided under Sec. 468 Cr.P.C., since the offences as mentioned in the FIR, have maximum punishment of less than 03 years, the trial Court, even if the challan is presented, cannot take the cognizance of the same.