SOMESH SHARMA Vs. UNION TERRITORY CHANDIGARH
SUPREME COURT OF INDIA
UNION TERRITORY CHANDIGARH
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(1.) Leave granted.
(2.) The challenge in the present appeal is against the order of the High Court of Punjab and Haryana dated 10th January, 2014 passed in CRM.M. No.42626 of 2013 by which the application filed by the accused - appellants under Section 482 Cr.P.C. for quashing of the criminal proceedings against the accused appellants under Sections 406, 420, 120-B IPC has been rejected by the High Court.
(3.) In response to the present appeal, the State of Punjab has filed an affidavit dated 6th October, 2015 wherein it has been stated that upon investigation the allegations made in the First Information Report (FIR) remain unsubstantiated and further that though the cooperation of the complainant was sought the address furnished by him in the complaint petition as well as other particulars including the mobile phone number have been proved to be incorrect. Paragraphs 4 and 5 of the aforesaid affidavit which would be relevant read as follows :
"4. That it is respectfully submitted that during the course of investigation, the complainant was sought to be joined in the investigation and for the same, the police party went to the address given by him. However, the address of the complainant did not exist. In this regard, the authorised signatories of Savitri Enclave and Savitri Heights were joined and their written response was sought who have stated that there is no house with the address 271, Savitri Enclave, Lohagarh, Zirakpur, Punjab. The complainant was also tried to be contacted on his mobile phone no.78378-78663, however, the same is also not reachable. Besides the same, no other contact number or address was given by the complainant.
5. That it is respectfully submitted that no receipt was ever shown by the complainant with regard to the money paid by him, there was no witness on the spot or any other document which could prove that the complainant had approached the petitioners to send his son abroad. Further more, the cheque of Rs.1.00 lac which was stated to be given by the petitioner was also found to be of self. Since from the investigation carried out, it has come to fore that the false case/FIR was got registered by the complainant against the petitioners, therefore, the cancellation report u/s 173 Cr.P.C. stands prepared and shall be presented before the Ld. Court of competent jurisdiction after the completion of the codal formalities." ;
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