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2024 Supreme(P&H) 416

SUMEET GOEL
Abhishek Jain – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates Appeared:
For the Appellant : Mr. Ujwal Anand.
For the Respondent: Mr. Manish Bansal P.P., U.T., Chandigarh, Mr. Shubham Mangla, Ms. Diksha Sharma.

JUDGMENT :

Mr. Sumeet Goel, J.

The present petition has been filed, under Section 482 of Code of Criminal Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C’) for quashing of FIR No. 71 dated 04.11.2023 registered at Police Station, Sector 17, Women Cell, Chandigarh under Section 406 /498-A of IPC 1860; final report under Section 173 of Cr.P.C., 1973 presented therein as also all the proceedings emanating therefrom.

2. On 08.07.2024, the following order was passed :

    “Notice of motion, at this stage, to respondent No.1-U.T. Chandigarh.

    At the asking of the Court, Mr. Manish Bansal, P.P. U.T., Chandigarh with Ms. Diksha Sharma, Advocate appears and accepts notice for respondent No.1-U.T., Chandigarh.

    Learned counsel for the rival parties are directed to make submissions qua maintainability of the instant petition which has been filed under Section 482 of Cr.P.C., 1973.

    Adjourned to 10.07.2024.

    To be shown in the urgent list.”

3. Learned Public Prosecutor, U.T. Chandigarh has raised a preliminary objection/submission that the instant petition, filed on 03.07.2024, under Section 4 82 of Cr.P.C. is not maintainable in view of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter to

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