Criminal Misc. No. M-18703 of 2009 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-18703 of 2009 (O&M)
Date of decision: 15.7.2009
Sukhwinder Singh
.. Petitioner
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Rahul Sharma, Advocate for the petitioner.
...
..
Rajesh Bindal J.
Prayer in the present petition is for quashing of FIR No. 158 dated
21.4.2009, under Section 420 of the Indian Penal Code, registered at Police
Station, Civil Lines, Amritsar City.
The FIR was registered with the allegation that the petitioner had
filed wrong affidavit in court. He filed anticipatory bail application in the Court, in
which notice was issued. However, subsequently he filed a fresh bail application
mentioning therein that this was his first bail application. After getting relief from
the other Court to which the second bail application was marked, withdrew the
first bail application. The matter having come to the notice of the court, FIR was
got registered.
Learned counsel for the petitioner submitted that FIR could not be
registered on the complaint of Additional Sessions Judge, Amritsar as he was not
competent authority to get the FIR registered.
Having heard learned counsel for the petitioner and considering the
fact that the petitioner had been able to successfully mislead the court by filing
wrong affidavit for getting concession of bail, I do not find any reason to exercise
extra ordinary jurisdiction to quash the FIR at this stage, as the sanctity of judicial
system is required to be maintained at any cost and the persons, like the petitioner,
are required to be taught a lesson in clear terms that whosoever either misleads the
Criminal Misc. No. M-18703 of 2009 [ 2]
Court or does not come to the Court with clean hands, will be dealt with sternly.
Accordingly, the present petition is dismissed.
(Rajesh Bindal)
Judge
15.7.2009
mk