PARDUMAN SINGH Vs. STATE OF UNION TERRITORY, CHANDIGARH AND HARMOHAN KAUR W/O NARINDER PAL SINGH D/O SH SHER SINGH

JUDGEMENT

(1.) Heard. It is not in dispute that after completion of investigation, challan/report under Section 173 Cr.P.C. has already been filed in court.

(2.) It was held in State of Bihar and Anr. v. P.P. Sharma and Anr., AIR 1991 S.C. 1260, by the Apex Court that "at a stage when the police report under Section 173 Cr.P.C. has been forwarded to the Magistrate after completion of the investigation and the material collected by the investigating officer is under the gaze of judicial scrutiny, the High Court would do well to discipline itself not to undertake quashing proceedings at that stage in exercise of its inherent jurisdiction." No contrary authority was cited by the counsel for the petitioners.

(3.) As the criminal court is already seized of the matter and the evidence collected by the investigating officer is under the gaze of judicial scrutiny, it is not deemed proper to quash the FIR at this stage. The petition shall accordingly stand dismissed.