Gurmit Singh vs The State of Punjab

Viney Mittal, J.—The present petition has been filed by the petitoner Gurmit Singh u/s 482 Cr.P.C. for quashing of the complaint, summoning order as well as the FIR. A copy of the complaint dated April 11, 1991 has been appended as Annexure P-3 with the petition. The summoning order on the aforesaid complaint is dated July 7, 1992, appended as Annexure P-4 with the petition and the FIR No. 29 dated April 5, 1993 registered with P.S. Sadar Muktsar, District Faridkot u/s 408 of the Indian Penal Code has been appended as Annexure P-5 with the petition.

I have gone through the contents of the petition and the various documents appended thereto and also heard Shri G.S. Gill, learned Assistant Advocate General, Punjab, appearing for the respondent.

In my considered opinion, various pleas raised by the petitioner need to be first adjudicated upon by the learned trial Magistrate. In these circumstance, I do not think it a fit case for the exercise of my inherent powers u/s 482 Cr.P.C. for quashing of the complaint, summoning order and the F.I.R.

4.Accordingly, the present petition is dismissed. However, liberty is granted to the petitioner to file an appropriate application, if so advised, before the learned trial Magistrate, for droping of the criminal proceedings against him or for his discharge. If any such application is filed by the petitioner before the learned trial Magistrate, within a period of two months from the date a certified copy of the order is received by the petitioner, then the learned trial Magistrate shall dispose of the same on merits, after affording an opportunity of hearing to the all concerned.

Dismissed with the aforesaid observations.