CRM No.M-25274 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-25274 of 2011(O & M) Date of decision : 23.8.2011 Rajinder Kumar Bhatti and others ........Petitioners Vs. State of Punjab and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.K.S.Hissowal, Advocate, for the petitioners --- AJAI LAMBA, J (Oral) This petition has been filed under Section 482 of the Criminal Procedure Code for quashing of the FIR in context of commission of offence under Section 306 of the Indian Penal Code. Learned counsel contends that ingredients of Section 107 of the Indian Penal Code are not made out and therefore, continuance of proceedings as a consequence of lodging FIR bearing No.136 dated 2.8.2011 under Section 306 of the Indian Penal Code, Police Station Chherretta, District Amritsar, would be an abuse of process of the law. I find that FIR was lodged on 2.8.2011. Investigation is at the inceptional stage. Whether the deceased i.e. son of respondent No.2 was a drug addict or not, is a matter of evidence and a matter to be considered by the Investigating Agency. Be that as it may, on account of the stage of the case, it would be appropriate for the Investigating Agency to consider the stand of the petitioners also. Investigation is a process, the objective of which is to CRM No.M-25274 of 2011(O & M) -2- extract truth in regard to the incident alleged by the complainant. For the said purpose Investigating Agency is also required to take into account the stand of accused. The stand of the accused, in this case, has been pleaded by way of this petition. This petition is disposed of with directions to Investigating Agency to consider the stand of the petitioners as given out in this petition and only thereafter, finalize the investigation report. (AJAI LAMBA) JUDGE 23.8.2011 akm