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PUNJAB & HARYANA HIGH COURT
S.S.Sudhalkar, J.
Jaswinder Singh
Versus
State Of Punjab
Criminal Writ Petition No. 717 of 1996,
Decided On : DECEMBER 17, 1996
FIR Registration - Civil Litigation - The court directed the respondent to register the FIR based on the complaint despite ongoing civil litigation, stating that there is no bar in registering the FIR and proceeding with the investigation.
Fact of the Case:
The petitioner sought registration of an FIR based on Annexure P-3, arguing that it disclosed cognizable offences. The respondent argued that the FIR cannot be registered due to ongoing civil litigation between the parties.
Finding of the Court:
The court allowed the petition, directing the respondent to register the FIR based on Annexure P-3 and proceed with the investigation according to law.
Issues: Dispute over FIR registration despite ongoing civil litigation.
Ratio Decidendi: The court held that there is no bar in registering the FIR and proceeding with the investigation, even if there is ongoing civil litigation between the parties.
Final Decision: The petition is allowed, and the respondent is directed to register the FIR based on Annexure P-3 and proceed with the investigation according to law.
S.S.Sudhalkar, J.
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner argued that Annexure P-3 discloses cognizable offences and the FIR should be registered. Learned AAG stated that there is a litigation going on between the parties in the civil court and till the decision of the Civil Court is received, the FIR cannot be recorded. If any civil litigation is going on between the parties, there is no bar in registering the FIR. The police can register the FIR, proceed with the investigation and ultimately they will file challan only after if there is sufficient evidence against the person against whom the allegations are made. Learned counsel for the petitioner has argued that his prayer is for registration of the FIR on the basis of complaint annexure P-3.
3. Considering all these aspects, this petition is allowed. Respondent No. 2 is directed to register the FIR on the basis of annexure P-3 and proceed further with the investigation according to law.
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