Criminal Misc. No.M-14930 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.No.M-14930 of 2008 Date of Decision:-3.9.2009 Jarnail Singh and Gurmukh Singh ...Petitioners Versus Surmukh Singh ...Respondent CORAM: HON'BLE MR.JUSTICE L.N.MITTAL Present: Mr.S.S.Majithia, Advocate for the petitioners. Mr.Bikramjit Singh, Advocate for the respondent. L.N.Mittal, J. (Oral): Jarnail Singh and Gurmukh Singh have filed the instant petition under Section 482 of the Code of Criminal Procedure (in short “Cr.PC”) for quashing criminal complaint No.72 dated 10.5.2007 (Annexure P1) under sections 420, 467, 468, 471 and 120-B of Indian Penal Code (in short “IPC”) alongwith the summoning order dated 12.1.2008 (Annexure P2) and all consequential proceedings. Learned counsel for the petitioners seeks permission to withdraw the instant petition qua petitioner No.2. Dismissed as withdrawn qua petitioner No.2. Learned counsel for petitioner No.1 contended that on the same allegations which have been alleged in the impugned criminal complaint, petitioner No.1 alongwith others has already been tried in FIR No.85 dated 12.7.2003 under sections 467, 468, 471 and 421 IPC, Police Station Kathunangal and acquitted vide judgment dated Criminal Misc. No.M-14930 of 2008 2 30.3.2007 (Annexure P3) passed by Judicial Magistrate Ist Class, Amritsar and in view thereof, petitioner No.1 cannot be tried on the same allegations made in the impugned criminal complaint in view of Section 300 Cr.PC. Learned counsel for the respondent fairly concedes this position. In view of the aforesaid, the instant petition is allowed qua petitioner No.1 and impugned criminal complaint No.72 dated 10.5.2007 (Annexure P1) under sections 420, 467, 468, 471 and 120-B IPC is quashed alongwith all consequential proceedings arising therefrom as against petitioner No.1 only. 3.9.2009 (L.N.Mittal) AS Judge