CRM No.M-13726 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-13726 of 2011 Date of decision : 8.7.2011 Jitendar Gupta .........Petitioner Vs. State of Haryana and another .......Respondents CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present : None for the petitioner Ms.Sushma Chopra, Addl.AG, Haryana Mr.Jagbir Singh, Advocate, for respondent No.2 --- M.M.S.Bedi, J. (Oral) The petitioner seeks quashing of FIR No.46 dated 15.3.2011 under Sections 323, 452, 285, 506 and 34 IPC and under Section 25 of Arms Act registered at Police Station DLF, Phase II, District Gurgaon on the ground that he is not involved in the case as per the affidavit of complainant Tushar Dhawan. Affidavit has been placed on record as Annexure P-2. In the affidavit the complainant has mentioned that the person who fired at him was similar to that of petitioner but subsequently on his enquiry verified that the person who have fired at him was not Jatindar but someone else who resembled with him. It has been informed that the investigation is still pending and the challan has not been presented. It will always be open to the complainant to make a statement. A supplementary statement may be made before the Investigating Officer as has been made in the affidavit and in case any such statement is voluntarily made, it is to be considered under CRM No.M-13726 of 2011 -2- Section 163(2) Cr.P.C. The said statement can be made before the Investigating Officer. It will be open to the Investigating Agency to form an opinion whether the challan is to be presented against the petitioner on the basis of such statement. Disposed of with the above observations. (M.M.S.BEDI) JUDGE 8.7.2011 akm