JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of FIR No.114 dated 18.5.2003, under Sections 420,465, 467 IPC, Police Station, City Abohar (Annexure P5) lodged against them, and the subsequent proceedings taken in respect thereof.

(2.) When the petition came up for hearing, learned Assistant Advocate General pointed out that charge was framed against the petitioners, as early as on 9.8.2004, and major part of prosecution evidence has also been recorded. Therefore, he contended, it would not, at this stage, be proper for this court to quash the FIR and the other proceedings taken during the trial.

(3.) Since charge was framed long back and case is at the stage of prosecution evidence, this fact, by itself, is sufficient to dissuade this court from quashing the FIR and all subsequent proceedings taken in respect thereof. The Apex Court, in State of Bihar and another vs. P.P.Sharma and another AIR 1991 S.C. 1260, has gone to the extent of holding that even "at a stage when the police report under S.173 Cr.P.C. has been Criminal Misc. No.27930/M of 2005 -2- forwarded to the Magistrate after completion of the investigation and the material collected by the investigating officer is under the gaze of judicial scrutiny, the High Court would do well to discipline itself not to undertake quashing proceedings at that stage in exercise of its inherent jurisdiction". In view of the above, it is held that no case for quashing of FIR and the subsequent proceedings taken in respect thereof, is made out. The petition shall, accordingly, stand dismissed.