SUKHDEV SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) THE petitioner's learned counsel contended that this is a fit case wherein FIR No. 137/87 dated 1.6.1987 Police Station Banga, District Jalandhar, under Sections 419, 420, 467, 468, 471 and 120-B, I.P.C. should be quashed. According to him, firstly, the report was lodged by the complainant Gurnam Singh on 21.5.1987. The Petitioner filed this petition under Section 482, Cr.P.C. on 28.2.1989. Till then, no progress was made in the criminal prosecution. Hence relying on M/s Vedsons Steels & Wires Pvt. Ltd. v. The Union of India, 1985(1) Recent Criminal Reports 507, the learned counsel for the petitioner contended that on this count alone, the FIR should be quashed.

(2.) THE respondents learned counsel argued that Gurnam Singh lodged the complaint on 21.5.1987. The police registered the case on 1.6.1987. Expert's report was received on 21.4.1989. The Investigation Officer was proceeding with the investigation but in the meantime on the petition filed by the petitioner under consideration, the stay was granted by this Court on 1-3-1989. Hence further investigation could not be concluded.

(3.) THE petitioner's Counsel relying on R.P. Kapur v. State of Punjab, AIR 1960 S.C. 866 vehemently stressed that from the FIR offences under sections 467 and 468, I.P.C. are not made out. Hence the Court should quash the FIR.