IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 30784 of 2008 (O&M) Date of decision : November 27, 2008 Harbir Singh alias Kala ....Petitioner versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Ashok Goel, Advocate for the petitioner Pritam Pal,J. (Oral) Petitioner has brought this petition under section 482 of Code of Criminal Procedure for quashing of order of charge sheet dated 4.4.2006 passed by learned Judicial Magistrate Ist Class, Sunam in case FIR No. 86 dated 14.7.2004 under sction 420 IPC, Police Station Moonak District Sangrur and order dated 30.8.3008 passed by learned Additional Sessions Judge, Sangrur vide which the order passed by the learned Judicial Magistrate was upheld. In this case challan against the petitioner under section 420 IPC has already been submitted before the trial court where he has been charge sheeted vide order dated 4.4.2006 and thereafter the petitioner had also filed revision petition before the court of Sessions and the same has also been dismissed vide order dated 30.8.2008 and now the case is fixed for recording the evidence of the prosecution. Criminal Misc. -M No. 30784 of 2008 (O&M) -2- Learned counsel for the petitioner has relied upon Harishchandra Prasad Mani & others vs State of Jharkhand & another, 2007(1) RCR (Criminal) 852. The facts contained therein are at a variance from the facts in hand inasmuch as in the aforesaid ruling, the Apex Court observed that quashing of the criminal case can be done only when the report is found to have not contained an iota of material indicating the guilt of the accused persons whereas in the case in hand both the courts below have found prima facie case against the petitioner who has been charged for the commission of offence punishable under section 420 IPC. No case is made out for quashing the FIR. Dismissed. ( Pritam Pal ) November 27, 2008 Judge 'dalbir'