IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.3244-M of 2008 DATE OF DECISION : AUGUST 18, 2008 SUBHASH CHANDER ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Ashinav Dheeraj, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. AJAI LAMBA, J. (Oral) The petition seeks quashing of FIR No.53 dated 31.5.2006 under Sections 407, 465, Indian Penal Code, Police Station, Qadian, District Gurdaspur (Annexure P-5). Learned counsel for the respondent-State has pointed out that the final report under Section 173, Code of Criminal Procedure, was presented in the Court of the Illaqa Magistrate, Batala on 22.2.2007. Considering the incriminating material placed on the record with the final report, even the charges were framed on 6.6.2007. The gist of the allegations made against the petitioner are contained in para-4 of the reply, which reads as under:- “4. That, the averments made in para No.4 of the petition are matter of record. However it is submitted that during the Kharif 2004-05 in Mandi Qadian, 2,58,425 bags of paddy was Criminal Misc.3244-M of 2008 2 purchased by the petitioner and distributed the same to the allotted millers. The petitioner distributed 16287 bags to M/s. Khalsa Rice Mills, Qadian but he shown 31660 bags as distributed to the said Mill and as such has defrauded the 15373 bags while distribution of the Miller and has caused a loss of Rs.61,82,262/-.” Having regard to the stage of the case and the nature of allegations, evidence cannot be taken by way of affidavit and counter affidavit to adjudicate the issue and come to a conclusion that the petitioner is innocent or that no offence has been committed. The petition is dismissed. August 18, 2008 ( AJAI LAMBA ) Kang JUDGE