CRM No.M-25353 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-25353 of 2011 (O & M) Date of decision : 23.8.2011 Gurmail Singh and others ........Petitioners Vs. State of Punjab and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Manish Prabhaker, 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 No.51 dated 19.7.2011 under Sections 324, 323, 452, 506, 148, 149 of the Indian Penal Code and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station Khalra, Tehsil Patti, District Tarn Taran, placed on record as Annexure P-1. Learned counsel contends that petitioners No.1 & 2 were in jail on the date of alleged incident and therefore, allegations made in the FIR are palpably false and continuance of proceedings would be an abuse of process of Court and abuse of process of the law. I have considered the contention of the learned counsel for the petitioners. The case is at investigation stage. Investigating Agency, so as to extract truth, is required to investigate even the stand of the accused in pursuit of justice. Apparently, valid ground has been taken to the effect that the petitioners were in jail and therefore, could not have committed the offence, as alleged. CRM No.M-25353 of 2011 (O & M) -2- Considering the totality of the facts and circumstances of the case, and in particular, the fact that investigation is at the inceptional stage, this petition is disposed of with directions to the Investigating Officer to consider the stand of the petitioners so as to come to the right conclusion and only thereafter, file final report regarding investigation under Section 173 of the Criminal Procedure Code, 1973. (AJAI LAMBA) JUDGE 23.8.2011 akm