IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3603 of 2008 Date of decision: 26th February, 2009 Mangal Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. M.L. Saini, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. Mr. J.B.S. Gill, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 8 dated 09.01.2006 registered at Police Station Sadar Hoshiarpur under Sections 354, 452, 333, 34 IPC. Impugned FIR has been annexed as Annexure P-1. I have read the FIR. Prima facie, cognizable offences, for which the FIR has been registered, are made out. Counsel for the State, on instructions from Head Constable Onkar Singh, has stated that in the present case, report under Section 173 Cr.P.C. has been submitted in the Court of Illaqa Magistrate. Charges have also been framed against the petitioner and other co-accused. Case is fixed for prosecution evidence. Criminal Misc. No. M-3603 of 2008 In the present case, quashing of FIR is being sought on the ground that DSP, Head Quarter had conducted an inquiry and has found the petitioner along with his three co-accused to be innocent and the challan has not been submitted against the three co-accused. The law takes care of such an eventuality. If Court is satisfied, provisions of Section 319 Cr.P.C. can be invoked. Counsel has also relied upon affidavit (Annexure P-3) given by Mohan Dhami and has stated that the residents of locality have also submitted a representation (Annexure P-5) to the Senior Superintendent of Police that the petitioner is innocent. These questions cannot be determined in a petition under Section 482 Cr.P.C. Petitioner, if so advised, may examine the witnesses in defence to show that he has been falsely implicated. Counsel has also placed reliance upon Annexure P-4 to state that there is a civil suit pending between the parties therefore, he has been falsely implicated. Pendency of civil suit equally is a reason to commit offence also. Therefore, it is in the realm of appreciation of evidence by the trial Court, which is seized of the matter, after framing of the charge, to determine innocence of the petitioner. No interference is warranted by this Court while exercising powers under Section 482 Cr.P.C. Hence, there is no merit in the present petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE February 26, 2009 rps 2