SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(P&H) 85

I.S.TIWANA
Shiv Kumar Gupta – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Pipat, Advocate.
For the Respondent:Mr. I.S. Rai, Advocate for the State, Mr. O.P. Hoshiarpuri, Advocate for General Manager, Kharar Textile Mills.


ORDER

I.S. Tiwana, J.- In this petition for the quashing of the F.I.R. No. 91, dated August 30, 1986, registered against the petitioner under sections 447, 427, 379 and 506, Indian Penal Code, in Police Station, Kharar, I need rot go into the detailed facts for the simple reason that the parties are already litigating in the Court of Sub Judge 1st Class, kharar in Case No. 412 of 28.8.1935 with regard to their claims to the disputed property. The said Court has already granted a temporary injunction in favour of the plaintiffs, i.e. respondent No. 2, vide order dated August 28, 1986 (Annexure P. 5). It is also not disputed that the fate of the criminal case registered against the petitioner would depend upon the findings of the civil court with regard to the possession of the disputed property wherefrom the petitioner is alleged to have cut and removed certain euclalyptus trees, on August 27, 1986, i. e only a day prior to the filing of the above noted suit.

2. In the light of the facts and circumstances noted above, I deem it proper that instead of quashing the F.I.R. at this stage, the interest of justice would be better served if further investigation into the matter by the polic


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top