KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under section 482 of the Code of Criminal Procedure, 1973 prays for quashing of FIR No. 69 dated 14.3.2001 registered under Sections 406/498-A IPC at P.S. Focal Point, Ludhiana. When the notice of motion was issued on 6.1.2002, petition on behalf of petitioners No. 1 to 3 was not pressed and was dismissed as such. However, petition on behalf of petitioners No. 4 to 8 was entertained. The complaint Savinder Pal Kaur filed a complaint in writing to Senior Superintendent of Police, Ludhiana, which is the subject matter of the FIR and the allegations levelled against various accused including the accused-petitioners 4 to 8 read as under :-

(2.) NOTICE of the petition was issued to the A.G. Punjab as well as to the complainant and learned counsel for the parties have been heard.

(3.) MR . S.P.S. Sidhu, learned counsel for the complainant has argued that the police after investigation is likely to present the challan against the petitioners and there is evidence in the form of statements recorded under Section 161 Cr.P.C. against the petitioners. The arguments that the petitioners have no role to play could be addressed by them at the stage of framing of charges on 29.11.2003 for which purpose the case is posted before the trial Court. In support of his submission, the learned counsel has placed reliance on a judgment of the Supreme Court in the case of State of Bihar v. P.P. Sharma, 1992 Suppl. (1) SCC 222 and argued that this Court should be hesitant to scrutinize the application under Section 161 Cr.P.C. and other evidence collected by the investigating agency in order to reach a conclusion that no case is made out for quashing of an FIR.