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Parduman Singh, Amarjit Kaur, Rajinder Singh and Harvinder Kaur vs State of U.T. Chandigarh and Harmohan Kaur

Punjab And Haryana At Chandigarh · Decided on 16 January 2003 · Citation: (2003) 01 P&H CK 0093

HON’BLE JUDGES
Kiran Anand Lall, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. 9368-M of 2000
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Judgment

3 paragraphs · 160 words

Kiran Anand Lall, J.—Heard. It is not in dispute that after completion of investigation, challan/report u/s 173 Cr.P.C. has already been filed in court.

2.

It was held in State of Bihar and Another Vs. P.P. Sharma, IAS and Another, , by the Apex Court that "at a stage when the police report u/s 173 Cr.P.C. has been forwarded to the Magistrate after completion of the investigation and the material collected by the investigating officer is under the gaze of judicial scrutiny, the High Court would do well to discipline itself not to undertake quashing proceedings at that stage in exercise of its inherent jurisdiction." No contrary authority was cited by the counsel for the petitioners.

3.

As the criminal court is already seized of the matter and the evidence collected by the investigating officer is under the gaze of judicial scrutiny, it is not deemed proper to quash the FIR at this stage. The petition shall accordingly stand dismissed.