Extracted from the PDF above. The PDF is authoritative.
144 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-27748-2025 in/and
CRM-M-38536-2025 (O & M)
Date of decision: 21.07.2025
SUKHWANT SINGH
...PETITIONER
V/S
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Raghav Chadha, Advocate
for the petitioner.
****
HARPREET SINGH BRAR, J. (ORAL)
1.
This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.233 dated 30.05.2023 under Sections 420/120-B of Indian Penal Code, 1860 registered at Police Station Goindwal Sahib, District Tarn Taran (Annexure P-1) along with all subsequent proceedings arising therefrom.
2.
Learned counsel for the petitioner, inter alia, contends that as per the case set up by the prosecution, no offence, as alleged, against the petitioner is made out. He contends that despite passing of more than two years, the investigating agency has failed to submit the final report under Section 173 Cr.P.C. Further, the complainant has miserably failed to state any specific role of the petitioner in the commission of offence. Furthermore, no documentary proof regarding the alleged crime has been brought on record. As such, the MANISHA 2025.07.21 18:19 I attest to the accuracy and integrity of this document
CRM-27748-2025 in/and
2 CRM-M-38536-2025 (O & M)
false implication of the petitioner is apparent. Learned counsel for the petitioner submits that the petitioner would be satisfied in case all the documents, which are annexed with the present petition and all the averments made herein, are considered by the Investigating Officer before submitting the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Cr.P.C.).
3.
Notice of motion.
4.
On asking of the Court, 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, before preparing the final report under Section 193 of BNSS, 2023 (erstwhile 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 fact that the FIR (supra) was registered on 30.05.2023 and 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 made in the present petition, before preparing the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Cr.P.C.) and submit the final report expeditiously.
7.
It is clarified that in case, final report under Section 193 of BNSS, MANISHA 2025.07.21 18:19 I attest to the accuracy and integrity of this document
CRM-27748-2025 in/and
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2023 (erstwhile Section 173 Cr.P.C.) is against the petitioner, he would be at liberty to file a fresh petition to challenge the FIR (supra) as well as the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Cr.P.C.).
8.
Pending miscellaneous application(s), if any, also stand(s)
disposed of.
(HARPREET SINGH BRAR) July 21, 2025
JUDGE manisha
(i) Whether speaking/reasoned
Yes/No
(ii) Whether reportable
Yes/No MANISHA 2025.07.21 18:19 I attest to the accuracy and integrity of this document