High CourtsSingle Bench

Balkar Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 24 November 2022 · Citation: (2022) 11 P&H CK 0101

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 173, 482
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 43981 Of 2019
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Judgment

5 paragraphs · 161 words

Anoop Chitkara, J

Through the present petition, petitioner seeks quashing of the FIR, however counsel for the State submits that charges have been framed on 30.01.2022.

Since the judicial order for framing of charges have been passed which eclipses and over-write the FIR and the police report under 173 CrPC, as such, the petitioner has to challenge the same.

Given above, the present petition filed under Section 482 CrPC for quashing of FIR without challenging the framing of charges, is not maintainable.

Consequently, the present petition is disposed of with liberty to the petitioner to file a petition for challenging the framing of charges, if so desire. It is made clear in case such petition is filed, the time for which the present petition was pending before this Court, shall not be counted while calculating the delay in challenging the framing of charges and limitation to challenge the charges shall start from today. All pending applications, if any, stand disposed of.