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2009 Supreme(P&H) 1374

AUGUSTINE GEORGE MASIH
Nirbhai Singh – Appellant
Versus
State of Punjab, – Respondent


Advocates Appeared:
For the Petitioner:Mr. Surjit Swaich, Advocate.
For the Respondent No. 1: Mr. Aman Deep Singh Rai, A.A.G. Punjab.
For the Complainant Respondent No. 2:Mr. Joginder Sharma, Advocate.

JUDGMENT

Augustine George Masih, J. (Oral) - The present petition has been filed by the petitioner, praying for quashing of F.I.R. No. 71, dated 11.06.2002, under Sections 452, 427, 353, 186, 504, 506 Indian Penal Code, registered at Police Station Bassi Pathana, District Fatehgarh Sahib, and all consequential proceedings arising therefrom.

2. Counsel for the petitioner contends that in the light of judgment passed by this Court in the case of Ram Kumar v. State of Haryana, 1998 (1) C.L.R. 633, the offence under Sections 186 and 353 Indian Penal Code could not have taken cognizance upon a written complaint of public servant concerned or official superior in the light of provisions under Section 195(1) Criminal Procedure Code In this view of the matter, he submits that the F.I.R. in question deserves to be quashed. He further submits that in any case there has been a compromise, which has been entered into between the parties and in view of the said compromise, the F.I.R. may be quashed.

3. An affidavit on behalf of the complainant-respondent No. 2 Jarnail Singh son of Shri Darshan Singh resident of village Mathi, Tehsil and District Fatehgarh Sahib, has been filed in the Court, wher







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