131 IN THE HIGH COURT OF PUNJAB AND HARYANA SURJIT SINGH STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MR. Present: Mr. HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of FIR No. 3(5) of BNS, 2023 (Annexure P-1) along with all subsequent proceedings arising therefrom 2. Learned counsel for the petition the case set up by the prosecution, no offence, as alleged, against the petitioner is made out. He contends that the petitioner is 65 years of age and he has no control over the public announcement system of the village. Further, there is no evidence with regard to illegal manner. functionaries of the administration Deputy Superint implication of the petitioner is apparent submits that the petitioner are annexed with the present IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SURJIT SINGH V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Deepak Arora, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.33 dated 18.02.2025 3(5) of BNS, 2023 registered at Police Station ) along with all subsequent proceedings arising therefrom Learned counsel for the petitioner, the case set up by the prosecution, no offence, as alleged, against the petitioner He contends that the petitioner is 65 years of age and he has no control over the public announcement system of the village. Further, there is no evidence with regard to Moreover, the voting took place in the presence of s functionaries of the administration as the Sub Deputy Superintendent of Police were present at the spot. As such, the false implication of the petitioner is apparent. Learned counsel for the petitioner ubmits that the petitioner would be satisfied in case all the documents, which are annexed with the present petition and all the averments made herein, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27672-2025 Date of decision: 20.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioner. This petition has been filed under Section 528 BNSS, 2023 18.02.2025 under Sections 353(2) and registered at Police Station Tanda, District Hoshiarpur ) along with all subsequent proceedings arising therefrom. er, inter alia, contends that as per the case set up by the prosecution, no offence, as alleged, against the petitioner He contends that the petitioner is 65 years of age and he has no control over the public announcement system of gurudwara sahib situated in the village. Further, there is no evidence with regard to anybody acting in took place in the presence of senior Sub-Divisional Magistrate and endent of Police were present at the spot. As such, the false Learned counsel for the petitioner would be satisfied in case all the documents, which n and all the averments made herein, are MANISHA 2025.05.21 10:02 I attest to the accuracy and authenticiy of this order/judgment CRM-M-27672 considered by the Investigating Officer before submitting the final report under Section 193 of BNSS, 2023 3. Notice of motion. 4. On asking of the Court, who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the final report under Section Section 173 Cr.P.C. 5. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. 6. Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition made in the present petition, 193 of BNSS, 2023 7. It is clarified that in case, final report under Section 2023 (erstwhile Section 173 at liberty to file a fresh petition to challenge the final report under Section May 20, 2025 manisha (i) (ii) 27672-2025 2 considered by the Investigating Officer before submitting the final report 193 of BNSS, 2023 (erstwhile Section 173 Notice of motion. On asking of the Court, Mr. Subhash Godara, Addl. who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, eparing the final report under Section Cr.P.C.). Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, taken up for final disposal today itself. Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition made in the present petition, before preparing the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Cr.P.C. It is clarified that in case, final report under Section (erstwhile Section 173 Cr.P.C.) is against the petitioner at liberty to file a fresh petition to challenge the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 (HARPREET Whether speaking/reasoned Whether reportable considered by the Investigating Officer before submitting the final report (erstwhile Section 173 Cr.P.C.). Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, 193 of BNSS, 2023 (erstwhile Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, taken up for final disposal today itself. Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition and averments before preparing the final report under Section Cr.P.C.). It is clarified that in case, final report under Section 193 of BNSS, against the petitioners, they would be at liberty to file a fresh petition to challenge the FIR (supra) as well as the (erstwhile Section 173 Cr.P.C.). HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.21 10:02 I attest to the accuracy and authenticiy of this order/judgment