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Gurjinder Singh And Others vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 10 November 2022 · Citation: (2022) 11 P&H CK 0058

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 148, 149, 323, 324, 452
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 17179 Of 2021
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Judgment

5 paragraphs · 183 words

Anoop Chitkara, J

1.

Petitioners seek quashing of FIR No. 57 dated 26.05.2015 under Sections 452, 324, 323, 148, 149 IPC registered at Police Station Amloh, District Fatehgarh Sahib.

2.

Counsel for respondent No. 2 submits that charges stand framed way back in the year 2016 and without challenging the order of framing of charges, which is a judicial order, the present petition is not maintainable. Counsel for the State also made same prayer.

3.

Admittedly, charges have been framed. Once after considering the entire police report, the trial Court frames the charges and passes the judicial order finding a prima facie case initiating trial against the accused, such judicial order has to be challenged and merely by quashing of the FIR, such order shall not stand closed automatically.

4.

Given above, the present petition is disposed of. Liberty reserved to challenge the framing of charges in accordance with law and the time for which the present petition was filed and is pending before this court shall be excluded from the counting period of limitation. All pending applications, if any, stand disposed of.