SUBHASH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') for quashing of FIR No. 37 dated 9.4.2012 (Annexure P -1) under Section 380 of Indian Penal Code (for short 'IPC'), registered at Police Station Sarabha Nagar, District Ludhiana City (later on Section 411 IPC added) and all other consequential proceedings arising therefrom. Brief allegations are that a theft had taken place in the house of respondent No. 2 -complainant. During investigation, some of the stolen articles were recovered from the possession of co -accused Balwinder Singh who was appointed as Chowkidar by the complainant in the society.

(2.) IT has been contended by learned counsel for the petitioner -accused that he has been implicated in this case on the statement of co -accused Balwinder Singh. Further contended that no recovery was effected from him. It has also been contended that no recovery of any ornament, which were stolen by co -accused, was effected from him.

(3.) I have gone through the report under Section 173 of Cr. P.C. filed by the State, in which only alleged evidence against the present petitioner is statement of co -accused. Hence, there is force in the argument of learned counsel for the petitioner that petitioner is being harassed unnecessarily in this case without any evidence against him and that challan has also been filed against him without any evidence.