LAWS(P&H)-2013-7-1024

YASHPAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On July 12, 2013
YASHPAL SINGH; KHAZAN SINGH; RAMESH KUMAR ASI Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) Vide this order, the abovementioned three petitions would be disposed of as the petitioners have sought quashing of FIR No.135 dated 19.11.2011 under Sections 170,195-A,384,506,120-B of the Indian Penal Code ('IPC' for short) registered at Police Station City Jalalabad, District Ferozepur and all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners have submitted that the FIR in question was a result of matrimonial dispute of the brother of respondent No.2. In fact, respondent No.2, while filing application for anticipatory bail in FIR No. 195 dated 21.7.011 under Sections 148, 149,452, 365,323,498-A, and 406 IPC registered at Police Station City Tohana had not taken the plea that, on the alleged day of occurrence, he was admitted in the hospital from 12.7.011 to 20.7.2011. With a view to create a plea of alibi later on false medical record/documents had been prepared by respondent No.2 in connivance with the doctor. Thereafter, by levelling false allegations, FIR in question had been registered against the petitioners. Learned counsel has further submitted that, during the pendency of the bail application filed by respondent No.2, the Investigating Officer had gone to inquire about the factum of admission of respondent No.2 in the Nursing Home. Doctor had given certificate that respondent No.2 was not admitted in the said Nursing Home.

(3.) Learned counsel for the State as well counsel for respondent No.2, on the other hand, have opposed the petition.