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Judgment
5 paragraphs · 138 wordsAnoop Chitkara, J
Learned State counsel submits that notice of accusation has been issued.
Since the judicial order has been passed for issuing notice of accusation which has eclipsed and over-write the FIR and the police report under Section 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 issuance of notice of accusation, is not maintainable.
Consequently, the present petition is disposed of with liberty to the petitioner to file a petition for challenging the issuance of notice of accusation, 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.