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2021 DIGILAW 549 (PNJ)

Harjinder Singh @ Mintu v. State Of Punjab

2021-03-08

AVNEESH JHINGAN

body2021
JUDGMENT : AVNEESH JHINGAN, J. 1. The matter is taken up for hearing through video conference due to COVID-19 situation. 2. This is a petition filed for quashing of General Diary (G.D) No. 24, dated 08.08.2020, under Section 110, 150 (G) of Code of Criminal Procedure 1973 (Cr.P.C.) whereby preventive action is initiated against the petitioner. Further prayer is for quashing of Kalandara dated 08.08.2020 titled as State versus Harjinder Singh presented under Section 110, 150 (G) of Cr.P.C. against the petitioner. 3. Learned counsel for the petitioner submits that the impugned Kalandara and General Diary dated 08.08.2020 are based on wrong facts. 4. It was not considered that the petitioner was acquitted in some of FIRs. 5. The grievance is that no opportunity was provided to petitioner put forth the correct factual aspects. 6. Learned State counsel appears on advance notice. 7. On instructions from SI Sukhchain Singh submits that a notice was sent to the petitioner but his bhabhi (Sister-in-law) informed that the petitioner had gone to attend a marriage. 8. Factual disputes are being raised and it is not disputed that there was no effective opportunity with the petitioner to put forth his version. The impugned General Diary and Kalandara dated 08.08.2020 are set aside. The matter is sent back to the Station House Officer, Police Station Navi Baradari, Jalandhar to proceed in accordance with law after providing opportunity to the petitioner. 9. To avoid further complication, let the petitioner appear before the SHO on 25th March, 2021 at 11.00 AM. 10. Disposed of.