Criminal Misc. No. M-22806 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-22806 of 2009
Date of decision: August 19, 2009
Pankaj Kumar & others -Petitioners
Versus
State of Punjab & another -Respondents
Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. PL Verma, Advocate, for the petitioners. Rajan Gupta, J.(Oral)
This is a petition for quashing of the FIR No. 89 dated
22.4.2009 registered against the petitioners under Sections 323,406,
498-A,120-B IPC at police station Jagraon, District Ludhiana.
Mr. Verma has argued that there is jurisdictional error as the
offence is alleged to have been committed at Patran, District Patiala,
whereas the FIR has been registered at police station Jagraon. This apart,
learned counsel has submitted that no case under Section 406 IPC is made
out as no entrustment of dowry articles is alleged to have been made.
Counsel has further contended that the offence under Section 498-A IPC is
not made out from reading of the FIR.
I have heard learned counsel for the petitioners and given
careful thought to the facts of the case.
Mr. Verma has submitted that investigation of the case has been
completed and challan has been presented before the court of competent
jurisdiction at Jagraon. A perusal of the FIR shows that allegations levelled
Criminal Misc. No. M-22806 of 2009 2
against the petitioners are serious in nature. It is not possible for this Court
to arrive at a conclusion at this stage that offences under Sections 406 and
498-A ICP are not made out.
As regards the plea with regard to jurisdictional error, it would
be open to the petitioners to raise the same before the trial Court at an
appropriate stage.
Since the charge is yet to be framed, all such pleas can be
raised by the petitioners at that stage.
The petition is dismissed.
[Rajan Gupta]
Judge
August 19, 2009.
‘ask’