Criminal Misc. No. M-22635 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-22635 of 2011 Date of decision: 19.09.2011 Piar Kaur and another ......Petitioners Vs. State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI. PRESENT: Mr. P.N. Arora, Advocate for the petitioners. Mr. K.S. Sidhu, DAG Punjab. Ms. G.K. Mann, Advocate for the complainant. **** M.M.S. Bedi, J. (Oral). The present petition is for quashing of FIR No. 113 dated 08.06.2009 under Sections 420/471/120-B IPC registered at Police Station City Tarn Taran. The said FIR has been registered at the instance of Surjit Kaur w/o Jaswinder Singh, sister-in-law (Jethani) of petitioner No.1 alleging that complainant and her daughters are residents of a house adjacent to the house of her mother-in-law and brother-in-law. The entire property is in the name of her mother-in-law but she refuses to give any share to the complainant and had earlier made an attempt to assault the complainant to a case, which had earlier been registered against the accused persons. Learned counsel for the petitioners has contended that an enquiry was conducted by an officer of the rank of Superintendent of Police and the petitioners were found innocent. Thereafter, the said enquiry Criminal Misc. No. M-22635 of 2011 -2- was not acceptable to the District Attorney, Legal, as such matter is being enquired by another Investigating Officer of the rank of Sub Inspector. After hearing learned counsel for the petitioners, I am of the opinion that no doubt the allegations against the petitioners are vague and uncertain but whether any material has been collected during the investigation, is required to be seen. It appears at this stage that on the basis of opinion of District Attorney, Legal, no offence is made out. The fresh investigation has been taken in hand. It will be premature at this stage to find out as to what offence has been gathered by the investigating agency against the petitioners. It will also not be appropriate to form an opinion, whether on the basis of material which is being gathered, an offence can be said to have been committed, warranting the prosecution under Sections 420/471/120-B IPC. This petition is disposed of as premature at this stage with liberty to the petitioners to approach this Court again after challan is presented. In case, no offence is made out from the material gathered during investigation. It is not out of place to mention here that opinion of D.A. Legal had merely mentioned that prima-facie case of an offence under Sections 420/471/120-B IPC is made out without expressing as to on what material the said case has been found. Disposed of as premature. September 19, 2011 (M.M.S. BEDI) harjeet JUDGE