Sanjay Kapoor vs State Of Punjab And Others on 9 July, 2008

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                       Criminal Misc. No. 521-M of 2002
                         Date of decision: 9th July, 2008



Sanjay Kapoor

                                                                 ... Petitioner

                                    Versus

State of Punjab and others
                                                             ... Respondents



CORAM:      HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:    None for the petitioner.

            Mr. Mehardeep Singh, AAG Punjab for the State.



KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present petition has been filed under Section 482 Cr.P.C.

seeking quashing of case FIR No. 178 dated 10.12.2001 registered at

Police Station Islamabad, District Amritsar under Section 3, 4, 5 and 6 of

Immoral Traffic Act.

Reply to the petition has been filed by Barinder Singh Dhindsa,

PPS, Deputy Superintendent of Police, Rural-I, Amritsar. Para 2 of the

preliminary submission is as under:

“2. That as per the Opinion of APP, Section 15(5A) of
the act requires that the accused/persons were to be
examined by a registered Medical Practitioner for the
detection of any injury as a result of sexual intercourse. This is
one of the ingredients. In the absence of Medical Examination
of the accused there is no likelihood of its success in the Court
CRM No. 521-M of 2002 2

of law. So the case may be sent as cancelled. And accordingly
on the basis of the Opinion of APP and as per the directions of
Superintendent of Police (Detective) Amritsar the cancellation
report of case FIR No. 178 dated 10.12.2001 u/s 3/4/5 and 6
of Immoral Traffic Act, PS Islamabad Amritsar was prepared
on 27.8.2002 and the same has been presented in the Court
of Shri Lachman Singh JMIC Amritsar and the same has been
accepted by the Court on 23.12.2002.”

Since, cancellation report has been accepted, nothing survives

in the present petition and the same is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
July 9, 2008
rps