GURMEET SINGH ALIAS GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Gurmeet Singh @ Gopi has filed this petition under section 482 of Cr.P.C. for quashing of the FIR No.32 dated 08.02.2012, under sections 379, 411 and 420 IPC, P.S.City Ferozepur, District Ferozepur, Punjab.

(2.) Learned counsel for the petitioner contends that an FIR number 170 of 2008 was registered on 10.09.2008, under section 379 IPC, at Police Station Chitranjan Park District South East New Delhi, on the complaint of one Ajay Nagrath regarding the theft of his car No.PB-10-BQ-0999. Another FIR, for which the quashing is sought, was registered at Ferozepur, against the Petitioner for allegedly retaining the stolen property. He argued that both the cases cannot be tried at different two places. The subsequent FIR registered at Ferozepur is an abuse of process of law. The learned counsel referred to sections 179, 181 and 220 of the Code of Criminal Procedure, 1973. He also sites Anju Chaudhary v. State of U.P and another, 2013 1 RCR(Cri) 686.

(3.) On the other hand the learned State counsel argued that the FIR was registered at Delhi, regarding the theft of the car. He further submits that petitioner Gurmeet Singh @ Gopi was apprehended by the Police while having in possession of stolen vehicle "Pajaro" bearing No.11-AD-5560, which was later on found to be carrying a fictitious number during investigation. Case FIR No.32 dated 08.02.2012, was initially registered against him under section 379/411 IPC, subsequently when registration number of the said vehicle was found to be fictitious, Challan against the accused/ petitioner was presented in the court of Chief Judicial Magistrate, Ferozepur, on 04.07.2012. As the case is already under trial, so the petitioner has no cause of action to file the present petition and the present petition of the petitioner may be dismissed.