ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for quashing of FIR No. 88, dated 26.05.2009, under Sections 148, 302, 307 and 427 read with Section 149, IPC, registered at Police Station, Phillaur, District Jalandhar.

(2.) LEARNED counsel contends that after filing of the three cancellation reports, the Investigating Agency abruptly filed the charge -sheet (report under Section 173, Cr.P.C.) against the petitioner and his three co -accused for their prosecution for the offences punishable under Sections 148, 302, 307 and 427 read with Section 149, IPC. He further submits that he is not able to make out a case for quashing of the above -said FIR on merits however the other FIRs have also been registered against several persons, therefore, the investigation of this case should have been conducted along with the said cases.

(3.) THE case is at the stage of summoning of the petitioner after filing of the charge -sheet (report under Section 173, Cr.P.C.). There are specific allegations against the petitioner for the commission of the offences for which the charge -sheet has been filed. The argument raised by the learned counsel for the petitioner that the other cases registered against several other persons in which the petitioner is not an accused should have also been investigated along with the investigation of this case, is not tenable at this stage. If the petitioner is aggrieved of filing of the charge -sheet by the Investigating Agency then he can move proper application before the learned Area Judicial Magistrate.