AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 283 wordsRam Chand Gupta, J.
Crl. M. No. 50943 of 2012
Application is allowed subject to all just exceptions.
Crl. M. No. M-26462 of 2012
The present petition filed u/s 482 Cr.P.C. is for quashing of FIR No.638, dated 3.12.2009, under Sections 406, 420, 423, 426, 467, 468, 471, 120-B IPC, registered at Police Station Central, Faridabad, qua petitioner. I have heard Learned Counsel for the petitioner and have gone through the whole record carefully.
It has been contended by Learned Counsel for the petitioner that even from reading of the FIR, no offence is made out against petitioner. He has also placed reliance upon Md.Ibrahim and others v. State of Bihar and another 2009(4) RCR (Criminal).
However, the fact is that petitioner had been absconding as FIR is dated 3.12.2009 and he has already been declared proclaimed offender.
He is the main accused. His wife has already been granted anticipatory bail by this Court vide order dated 28.5.2012, passed in Crl.M.No.M-37571 of 2011 as she had taken the plea that the property in dispute was transferred in her name at the instance of her husband, i.e., present petitioner, by Mangal Singh, the special power of attorney holder of the petitioner. Petitioner had also earlier filed application for anticipatory bail before this Court and, however, the same was got dismissed as withdrawn vide order dated 27.7.2012 passed in Crl.M.No.M-19750 of 2012. However, instead of surrendering before the Investigating Officer, after dismissal of application for anticipatory bail, he has filed the present petition for quashing of the FIR. Hence, in view of these facts, the present petition for quashing of FIR qua petitioner is not maintainable. The same is, hereby, dismissed.