URMILA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (ORAL)

(2.) THIS petition has been filed seeking quashing of FIR No.86 dated 25.11.2005 (Annexure P-1) registered at Police Station Ferozpur Cantt., for the offence under Section 419,420,465,467,471,120-B IPC. During the course of hearing it is not disputed by learned counsel for the petitioner that the charge report (challan) in terms of section 173 Cr.P.C. has been filed by the police. In the circumstances the grounds taken in the present petition for seeking quashing of the FIR can be taken before the trial Magistrate while considering the framing of charges against the petitioner. It is well known that the trial Magistrate can sift and weigh the evidence for the limited purpose of framing charges. It does not act merely as a mouth piece or post office of the prosecution and, therefore, the petitioner has an alternate remedy where the contentions as raised herein can be raised.