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CRM-M-58219-2024 #1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-58219-2024(O&M) Date of Decision:-23.07.2025 Charanbir Singh Sethi. ......Petitioner. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Manav Goyal, Advocate and Mr. Tanmoy Gupta, Advocate for the Petitioner. Mr. Harkanwar Jeet Singh, Assistant Advocate General, Punjab. Mr. Shaurya Khanna, Advocate for the Complainant. *** JASJIT SINGH BEDI, J. (ORAL) The prayer in the petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of the order dated 28.08.2024 (Annexure P-19) passed by JMIC, SAS Nagar, Mohali, Punjab in case titled as State Vs. Sanjay Gupta & Ors. Wherein the concerned court has arrayed the petitioner as the Managing Director of the company C & C Towers Ltd. The Counsel for the petitioner contends that the petitioner was an accused in FIR No.150 dated 14.08.2018 (Annexure P-3) registered at Police Station Phase-1, Mohali. Later an application was moved under Section 319 Cr.PC to summon the company C & C Towers Ltd. The said company was summoned vide order dated 28.08.2024 but through the petitioner showing him to be the Managing Director. In fact the Managing VINAY MAHAJAN 2025.07.25 10:58 I attest to the accuracy and integrity of this document
CRM-M-58219-2024 #2 Director at the relevant time was Gurjeet Singh Johar and currently Mandeep Singh Kohli. Therefore, he prays that order be quashed to that extent only. The Counsel for the complainant on the other hand contends that the petitioner has already challenged the FIR and the consequential report under Section 173(2) Cr.PC by filing CRM-M-34197-2023 which is pending before this Court on 31.07.2025. The petitioner is at liberty to move an application in the Trial Court to drop his name as the Managing Director and substituting the names of the actual Managing Directors as it is the case of the petitioner that he was a non executive director. I have heard counsel for the parties. Apparently the petitioner appears to be one of the primary accused and his name finds mentioned in the FIR and the consequential report under Section 173(2) Cr.PC. Though he has submitted that he was not the managing director it would be a moot point during the course of the trial as to whether the designation itself makes any substantial difference to the role played by him.
Be that as it may, the petitioner would be at liberty to move an application before the concerned Court to substitute his name with that of the actual Managing Director, if so, advised. In view of the aforementioned discussion, the present petition stands dismissed. ( JASJIT SINGH BEDI ) JUDGE July 23, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.07.25 10:58 I attest to the accuracy and integrity of this document