CRM No. M-33555 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-33555 of 2009 (O&M)
Date of decision: 16.12.2009.
Ashish Kumar @ Shashi & others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. M.S. Mohali, Advocate, for the petitioners. Rajan Gupta, J (oral).
This is a petition under Section 482 Cr.P.C. seeking
quashing of FIR bearing No.47 dated 1st April, 2009 (Annexure P-1),
registered against the petitioners under Sections 363, 366 read with
Section 34 and 120-B IPC at Police Station Goraya, District Jalandhar.
Learned counsel for the petitioners has argued that no
offence is made out from the allegations levelled in the FIR. According
to the counsel, daughters of the complainant had accompanied the
accused of their own free will and thus, FIR deserves to be quashed.
I have heard learned counsel for the petitioners and perused
the records annexed with the petition.
The FIR was lodged by one Piara Singh, who stated that he
has three daughters and one son. On 28th March, 2009, they had gone to
sleep as usual. However, at about 4.00 A.M. in the morning, it was
noticed that electricity supply to the house was cut off from the main
CRM No. M-33555 of 2009 2
switch. Two daughters of the complainant, namely, Harpreet Kaur and
Parminder Kaur were missing. This apart, ten tolas of gold, currency of
one lac rupees and 950 pounds was also found missing. Resultantly, the
instant FIR was lodged against the petitioners.
In view of the allegations levelled in the FIR, I am of the
considered view that no ground for quashing the same is made out. The
evidence collected by the investigating agency can be appreciated only
at the stage of trial. It cannot be said at this stage that no offence is
made out from a bare reading of the FIR.
Thus, there is no ground to interfere in inherent jurisdiction
of this court. The petition is devoid of merit and is hereby dismissed.
(RAJAN GUPTA)
JUDGE
December 16, 2009
‘rajpal’