Extracted from the PDF above. The PDF is authoritative.
CRM-M-22915-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
149
CRM-M-22915-2025 (O&M)
Date of decision : 06.07.2026
Bhupinder Singh
... Petitioner
Versus
State of Punjab
... Respondent
CORAM : HON'BLE MR. JUSTICE H.S.GREWAL
Present:- Mr. Vishal Thakur, Advocate for the petitioner.
Mr. P.S. Pandher, AAG, Punjab.
Mr. S.S. Brar, Advocate for respondent No.2.
***
H.S. Grewal, J.(Oral) CRM-17289-2025
Allowed as prayed for. CRM-M-22915-2025
1.
This petition has been filed under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C.) seeking quashing of FIR No.114 dated 29.07.2020, registered under Sections 420, 408 and 120-B IPC, at Police Station Payal, Khanna, District Ludhiana alongwith all consequential proceedings arising therefrom.
2.
The case of the prosecution is that the complainant-Rajinder Singh, Managing Director of S.M.S. Memorial Public School, Zarg, Khanna, District Ludhiana, levelled allegations against the petitioner and other co- accused that they had illegally interfered in the management and affairs of the School/Society. It was alleged that the petitioner, who was earlier working as SONIA GUGNANI 2026.07.07 17.11 I attest to the accuracy and integrity of this document Chandigarh
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Chairman of Guru Nanak Dev Health and Education Society, had resigned from the said post on 04.03.2017. However, thereafter, the petitioner alongwith other co-accused allegedly took control over the affairs of the school, removed the Principal from office and started managing the institution. It was further alleged that during the period when the petitioner and other accused persons were managing the affairs of the school, they collected fees from the students but did not deposit the same in the account of the school and thereby committed embezzlement of funds to the tune of approximately Rs.87,32,625/-.
3.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no offence as alleged is made out against him. He submits that the dispute between the parties is purely civil in nature pertaining to the management affairs of the School/Society, which has been given a criminal colour. He also submits that the petitioner has been implicated merely on account of the fact that he was earlier Chairman of Guru Nanak Dev Health and Education Society, whereas he had already resigned from the said post on 04.03.2017 and the resignation was accepted on the same day. It is further submitted that there is no cogent or incriminating material available on record to connect the petitioner with the alleged embezzlement of funds. He, therefore, submits that continuation of the criminal proceedings would amount to abuse of the process of law and the FIR, alongwith all consequential proceedings, deserves to be quashed. 4. Per contra, learned State counsel as well as counsel for respondent No.2 vehemently oppose the prayer made in the present petition and submit that there are specific allegations against the petitioner and the pleas raised on his behalf involve disputed questions of fact which can only be examined by SONIA GUGNANI 2026.07.07 17.11 I attest to the accuracy and integrity of this document Chandigarh
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the learned trial Court after the parties lead their respective evidence. It is also submitted that the trial is already underway and 04 prosecution witnesses have been examined. They, therefore, submit that there is no merit in the present petition and the same deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. A perusal of the FIR reveals that the petitioner alongwith other co-accused is alleged to have committed misappropriation/embezzlement of school funds. The pleas raised on behalf of the petitioner regarding his non- involvement and the dispute being purely civil in nature, give rise to disputed questions of fact, which would require appreciation of evidence and cannot be adjudicated upon while exercising inherent jurisdiction under Section 482 Cr.P.C. (now Section 528 BNSS). 7.
It is well settled that the inherent jurisdiction under Section 482 Cr.P.C. is extraordinary in nature and is to be exercised carefully, and only in exceptional circumstances, to prevent abuse of the process of law or to secure the ends of justice. Reference can be made to the judgment of the Hon’ble Supreme Court in the case of State of Haryana and others versus Bhajan Lal and others, 1992 Supp (1) SCC 335, wherein it has been clearly held that while exercising jurisdiction under Section 482 Cr.P.C., the High Court should not undertake a detailed appreciation of evidence or adjudicate disputed questions of fact as if conducting a trial. 8. Moreover, the trial has already commenced and 04 prosecution witnesses have been examined. In such circumstances, interference by this Court at this stage would not be warranted and the petitioner would be at SONIA GUGNANI 2026.07.07 17.11 I attest to the accuracy and integrity of this document Chandigarh
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liberty to raise all available pleas before the learned trial Court at the appropriate stage. 9. In light of the above, this Court does not find any merit in the present petition and the same is hereby dismissed. 10. Pending application, if any, shall stand disposed of accordingly. (H.S.GREWAL) 06.07.2026
JUDGE Sonia
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No SONIA GUGNANI 2026.07.07 17.11 I attest to the accuracy and integrity of this document Chandigarh