Crl. Misc. No. M-3981 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-3981 of 2010 (O&M) Date of Decision: August 25, 2010 Bhupinder Singh ........Petitioner Versus State of Punjab and another ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Mansur Ali, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. AG, Punjab. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned FIR No.380 dated 15.11.2008 (Annexure P-3), under Section 379 of Indian Penal Code (in short 'IPC'), Police Station Basti Jodhewal, District Ludhiana. Learned counsel for the petitioner has submitted that Biru and Hardeep Singh were tried for an offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (in short 'the Act'). Learned counsel for the petitioner has further submitted that since Biru and Hardeep Singh have already faced the trial qua the possession of 14 railway tracks, the FIR in question qua the same incident against the petitioner was liable to be quashed. The allegation against the said persons was that they had stolen 14 Crl. Misc. No. M-3981 of 2010 (O&M) 2 railway lines. Vide judgment dated 15.12.2008 the Judicial Magistrate 1st Class convicted the said accused i.e. Biru and Hardeep Sigh of an offence under Section 3 of the Act. Vide order of the even date the said persons were sentenced to pay a fine of Rs. 700/- each. Learned State counsel, on the other hand, has opposed the petition. Keeping in view the fact that qua the same offence Biru and Hardeep Singh had already faced the trial and had been convicted for an offence under Section 3 of the Act and had been sentenced to pay a fine of Rs.700/-, the continuation of the criminal proceedings in FIR No.380 dated 15.11.2008 are nothing but abuse of process of law. Petitioner was not arrayed as an accused in the case registered under the Act nor he was summoned during trial. Accordingly, the present petition is allowed. The FIR No.380 dated 15.11.2008, under Section 379 of IPC, Police Station Basti Jodhewal, District Ludhiana. and consequent proceedings, arising therefrom, are quashed. (SABINA) August 25, 2010 JUDGE Anand