Crl. Misc. -M No. 27810 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 27810 of 2011 (O&M) Date of Decision: 13.9.2011 Deepak and another ..Petitioners. Vs. State of Haryana and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Navneet Singh, Advocate for the petitioners. RAJESH BINDAL, J. Prayer in the present petition is for quashing of FIR No.17 dated 6.2.2011 registered against the accused named therein under Sections 148, 149, 308, 452 IPC at Police Station Sectors 55/56, District Gurgaon. It was registered on a complaint filed by respondent No.3/complainant, who stated that he was present at the spot. In the FIR he had named Phire, Shayambir sons of Harchand and Yogesh, Akash, Deepak, Kale and Satish residents of Buapur as the persons, who had caused injuries to Vinod Kumar/respondent No.2. The quashing has been sought placing on record an affidavit sworn by the complainant that the present petitioners were not present at the spot when the other accused had attacked the injured. The names of the petitioners are mentioned in the FIR. Quashing has been prayed only on behalf of two of the accused. Perusal of the FIR does not show that the complainant, who was present at the spot, had only raised suspicion about the involvement of the accused named therein, rather, he stated that he had seen the accused persons at the spot. Considering the aforesaid fact, I do not find it to be a fit case for quashing the FIR as it can not be done piecemeal for some of the accused whereas the trial will remain pending for the other accused named in the FIR merely because complainant and injured had sought to change their statements subsequently. Crl. Misc. -M No. 27810 of 2011 -2- The petition is dismissed. Let a notice be issued to respondents No.3/complainant in the FIR to show cause as to why prosecution be not launched against him for lodging a false FIR against the petitioners, if contents of the affidavit sworn by him are considered. Adjourned to 8.11.2011. ( Rajesh Bindal ) 13.9.2011 Judge Meenu