KARAMJIT SINGH
Kudratdeep Singh @ Lovie – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Karamjit Singh, J. - The petitioners have filed the present petition under Section 482 Cr.P.C. for quashing of FIR No.73 dated 18.7.2022 (Annexure P-7) registered under Sections 379, 406, 420, 465, 468, 471, 120-B IPC and Sections 21(1) and 4(1) of Mines and Minerals (Regulation) of Development Act, 1957 and Section 15 of Environment Protection Act, 1986 at Police Station Rahon District S.B.S. Nagar and all the consequential proceedings arising therefrom with further prayer that during the pendency of the present petition no coercive action be taken against the petitioners.
2. The challenge to the impugned FIR has been laid by the petitioners on the ground that earlier also FIR No.26 dated 7th March, 2018 was registered under Sections 379, 420, 465, 467, 468, 471 IPC and Sections 21(1) and 4(1) of Mines and Minerals (Regulation) of Development Act, 1957 (Annexure P-1) with regard to the same subject matter was registered against petitioner No.1-Kudratdeep Singh and 25 other persons.
3. Mr. R.S. Rai, Senior Advocate along with Mr. Gaurav Garg Dhuri, Senior DAG, Punjab and Ms. Samina Dhir, DAG, Punjab put in appearance on behalf of the respondent-State, they having advance noti
T.T Antony vs. State of Kerala and Others
State of Telengana vs. Habib Abdullah Jaalani and Ors. (2017) 2 SCC 779
The subsequent FIR covered different incidents and wider scope than the earlier FIR, and the petitioners failed to establish political vendetta.
The court cannot quash an FIR based on disputed factual claims regarding property ownership. Such issues must be adjudicated in a full trial, as the writ jurisdiction is not appropriate for resolving....
The court quashed the FIR due to discrepancies and falsehood in the prosecution's case, emphasizing accountability for law enforcement actions.
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