SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal prosecution initiated on registration of FIR No.9 dated 20.01.2011 registered under Sections 413, 420, 468 and 471 IPC and under Section 279, 411 and 120-B IPC (added later on) at Police Station Shimla Puri, District Ludhiana City. Keeping in view the facts of the case, the Presiding Judge was called upon to explain as to how charges have not been framed even after a period of 8 years. Following detailed report has been submitted while referring to the conduct of the accused:

(2.) It is respectfully submitted that the FIR in the present case has been registered on 20.01.2011 at Police Station Shimlapuri, Ludhiana. As per record the report under Section 173 of Code of Criminal Procedure has been prepared on 16.4.2011 and the same was presented before the Court of Learned Judicial Magistrate Ist Class, Ludhiana on 20.4.2011. The Court of learned Judicial Magistrate Ist Class, Ludhiana has committed the case to the Court of Sessions vide order dated 03.4.2017.

(3.) It is respectfully submitted that as per the record the accused Jagsir Singh and Pawan were in custody, whereas the accused Surinder Kumar, Harkirat, Rohit Kumar, Gurmeet, Danny Kumar and Chanchal Singh were on bail at that time. (3). For the first time the case was put up before the then learned Additional Sessions Judge (duty) on 15.4.2017 and it was ordered to be registered and adjourned to 29.4.2017 for further proceedings.