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2025 DAILYLAW 57421 (PNJ)

SANJEEV KUMAR v. STATE OF PUNJAB AND OTHERS

CRM-M/27660/2025 · 2025-05-21

Harpreet Singh Brar

body2025

Judgment text

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127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27660-2025 Date of decision: 21.05.2025 Sanjeev Kumar ....Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shiv Kumar, Advocate for the petitioner. Mr. Subhash Godara, Addl.A.G., Punjab. HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.313 dated 27.08.2021 under Sections 409/420/120-B of IPC registered at Police Station City Kharar, SAS Nagar (Annexure P-1) along with all consequential proceedings arising therefrom. Learned counsel for the petitioner inter alia contends that the petitioner was posted as Manager in the Kharar Branch and has sanctioned the loan to the complainant after following the due procedure and he has been falsely implicated in the present case. He further submits that he would be satisfied in case all the documents which are annexed with the present petition are considered by the Investigating Officer before submitting a final report under Section 193 of BNSS (earlier Section 173 of Cr.P.C.) Notice of motion. On receipt of advance notice, Mr. Subhash Godara, Addl.A.G., Punjab puts in appearance and submits that she has no objection in case, the Neha 2025.05.21 17:17 I attest to the accuracy and integrity of this document CRM-M-27660-2025 -2- Investigating Officer is directed to consider all the documents which are annexed with the present petition before preparing a final report under Section 173 Cr.P.C. I have heard learned counsel for the parties and keeping in view the aforesaid facts and circumstances, the present petition is disposed of with a direction to the Investigating Officer to consider all the documents which are annexed with the present petition before preparing a final report under Section 193 of BNSS (earlier Section 173 of Cr.P.C.). It is clarified that in case a final report under Section 193 of BNSS (earlier Section 173 of Cr.P.C.) is against the petitioner, the petitioner would be at liberty to file a fresh petition to challenge the FIR as well as the final report under Section 173 Cr.P.C. However, the Investigating Officer is directed to conclude the investigation preferably within a period of four months from the date of receipt of certified copy of this order. (HARPREET SINGH BRAR) JUDGE 21.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.21 17:17 I attest to the accuracy and integrity of this document