Kuldeep Singh vs State Of Punjab And Ors
2023 Latest Caselaw 465 P&H

      IN THE PUNJAB AND HARYANA HIGH CORUT AT
                     CHANDIGARH

251                                                           CWP-12817-2019
                                                    Date of Decision: 11.01.2023
KULDEEP SINGH
                                                                     ... Petitioner
                                    VERSUS
STATE OF PUNJAB AND OTHERS
                                                                  ... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present:     Mr. Ravi Kumar, Advocate for
             Ms. Manmohan Kaur Dhaliwal, Advocate for
             for the petitioner.
             Ms. Niharika Sharma, AAG, Punjab.
             Mr. J.S. Lalli, Advocate
             for respondents No.4, 5, 8 and 9.
                                      ****
VINOD S. BHARDWAJ, J. (ORAL)

The present petition has been filed under Articles 226/227 of the

Constitution of India, 1950 for issuance of a writ in the nature of Certiorari for

quashing/setting aside the order dated 07.09.2018 (Annexure P-3) vide which

the Investigating Agency had been recommended by the Hon'ble Punjab State

Commission for Non-Resident Indians, Chandigarh to file cancellation report

in FIR No.45 dated 03.04.2018 under Sections 406, 420 and 120-B of I.P.C.

registered at Police Station Dharmkot, District Moga.

Learned counsel for the respondents No.4, 5, 8 and 9, on

telephonic instructions from respondent No.8, contends that, in any case, the

Investigating Agency has not acted upon the recommendation of the NRI

Commissioner and has filed the final report/charge sheet after conclusion of

the investigation. The charge sheet has been filed against respondents No.4 to

6, whereas the respondent No.8 has been found innocent and his name has

been kept in Column No.2. He further submits that the matter is pending before

the trial Court for appropriate proceedings.

1 of 2

Taking into consideration the above facts and subsequent

developments that have taken place, the present petition is disposed of with

liberty to the parties to raise their respective pleas before the trial Court. The

recommendations made by the NRI Commission vide impugned order dated

07.09.2018 (Annexure P-3) shall not be given effect to and shall remain

unenforceable. The trial Court shall provide appropriate opportunity of hearing

to the respective parties and upon examining the evidence adduced and

material produced before it, shall pass a judgment in accordance with law.

Petition stands disposed of accordingly.

                                               (VINOD S. BHARDWAJ)
11.01.2023.                                           JUDGE
Rajender

              Whether speaking/reasoned        : Yes/No
              Whether reportable               : Yes/No




                                     2 of 2