IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
SI Bhalla Singh – Appellant
Versus
Parvaiz Mohinia – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. The present petition under Section 482 Cr.P.C. has been filed for quashing of the criminal complaint titled as “Parvaiz Mohinia vs Balraj Singh and others”, bearing CIS No. CRM/1498/2018, filed on 18.12.2018, along with summoning order dated 10.09.2019 passed by the learned Judicial Magistrate First Class, Bathinda, and also for setting aside the impugned order dated 09.09.2022, whereby the revision petition filed by the petitioners against the summoning order has been dismissed by the learned Judge, Special Court, Additional Sessions Judge, Bathinda, as well as for quashing of all consequential proceedings arising therefrom.
2. Briefly stated, the facts of the case are that the complainant/respondent Parvaiz Mohinia filed a complaint under Section 200 read with Section 156(3) Cr.P.C. for registration of an FIR against accused persons, namely (1) Balraj Singh son of Buta Singh, (2) Balkaran Singh son of Buta Singh, (3) Damanjit Singh son of Daljit Singh, (4) Neeraj Kumar, Clerk, office of DTO Sri Muktsar Sahib, (5) ASI Bhalla Singh No.1566, and (6) Sandeep Singh Bhatti, SHO PS Sadar Bathinda, alleging commission of offences under Sections 166, 193, 218,
The court ruled that the power under Section 482 of the Cr.P.C. is not meant to establish innocence but to prevent abuse of legal processes, affirming that all charges must be assessed in trial.
The main legal point established in the judgment is that the court must consider the existence of grounds for charges against the accused before framing charges, and the lack of prima facie evidence ....
Point of law: Additional charge-sheet, the materials are collected with regard to changing of the vehicle number plate and an attempt made to screening of the evidence and invoked Section 201 of IPC ....
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