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2011 Supreme(P&H) 1115

KANWALJIT SINGH AHLUWALIA
Lakhbir Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
Shri Dalbir Singh Pheruman, Advocate, for the petitioner(s).

JUDGMENT

Kanwaljit Singh Ahluwalia, J. (Oral):

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.217 dated 26.4.2008, registered at Police Station Sadar, Amritsar, under Sections 448, 506, 427, 511, 380, 148, 149 IPC, Annexure P-27. Along with quashing of the FIR, it is prayed that order framing charge, Annexure P-29, dated 6.10.2009 and charge sheet Annexure P-30, dated 6.10.2009, whereby the petitioner was charged for offence under Sections 380, 448, 427 and 506 IPC be quashed. Counsel for the petitioner has made the following submissions:-

a) that the matter is pending before the civil court and, therefore, till the civil court gives its finding regarding ownership, title and possession, criminal court cannot proceed with the present FIR;

b) that from the various documents annexed with this petition, i.e., jamabandi, site plan, sale deed, electricity bill, sewerage charges, water supply bill, this Court should infer possession of the petitioner and quash the FIR and the charges framed against the petitioner;

c) that even though charges were framed in October 2009 and petitioner has not availed the remedy of revision, therefore, even after the ex

















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