Supreme Court – Daily Orders
Gursev Singh vs The State Of Punjab on 14 May, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). /2025
(ARISING OUT OF SLP(CRL.)No. 13602/2023)
GURSEV SINGH APPELLANT(s)
VERSUS
STATE OF PUNJAB & ANR. RESPONDENT(s)
O R D E R
Leave granted.
2. The legality and correctness of the order dated
10.10.2023 passed in CRM M No.43187 of 2020 by the High Court
of Punjab and Haryana, has been assailed in this appeal.
3. Briefly stated the facts are that the appellant herein
had preferred a petition under Section 482 of the Criminal
Procedure Code, 1973 (for short “Code”) seeking quashing of FIR
No.35 dated 19.02.2020 filed under Sections 406, 420, 506 of
the Indian Penal Code at Police Station Zirakpur, District
Mohali (S.A.S. Nagar) and all subsequent proceedings arising
therefrom.
4. On 10.10.2023, learned counsel for the appellant before
the High Court had sought for an adjournment by a written
request. In response to that, learned counsel for the State on
instructions submitted that one out of eight prosecution
witnesses had already been examined.
In view of the above, the petition was ordered to be
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2025.05.20
disposed of with liberty to the appellant herein to raise all
10:44:16 IST
Reason:
grounds before the Trial Court at the appropriate stage.
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Being aggrieved by the said order inasmuch as the
petition filed under Section 482 of the Criminal Procedure Code
not being considered on merits by the High Court, the appellant
has preferred this appeal.
5. We have heard learned counsel for the appellant and
learned counsel for first respondent-State and we have perused
the material on record.
6. All that the appellant is seeking is for consideration of
his petition filed under Section 482 of the Code under which
the appellant has sought for quashing of FIR No. 35 dated
19.02.2020 which has been filed against him. On a perusal of
the impugned order, we find that the High Court has not
considered the said petition on merits and instead when an
adjournment was sought by the appellant herein who was the
petitioner before the High Court, on the basis of the
submissions made by the State – counsel, the said petition has
been simply disposed.
7. In the circumstances, we set aside the impugned order and
remand the matter to the High Court by restoring CRM-M-
No.43187/2020 (O & M) on the file of the High Court with a
request to the High Court to hear the said petition on merits
and to dispose of the same in accordance with law and as
expeditiously as possible.
8. The appeal is allowed and disposed of in the aforesaid
terms.
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9. Till disposal of the aforesaid petition by the High
Court, no coercive steps shall be taken as against the
appellant herein vis-a-vis the aforesaid FIR.
Pending application(s), if any, shall stand disposed of.
………………………………………………………,J.
( B.V. NAGARATHNA )
…………………………………………………………,J.
( SATISH CHANDRA SHARMA )
NEW DELHI;
MAY 14, 2025
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ITEM NO.8 COURT NO.6 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 13602/2023
[Arising out of impugned final judgment and order dated 10-10-2023
in CRM-M No. 43187/2020 passed by the High Court of Punjab &
Haryana at Chandigarh]
GURSEV SINGH Petitioner(s)
VERSUS
STATE OF PUNJAB & ANR. Respondent(s)
Date : 14-05-2025 This petition was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMAFor Petitioner(s) Mr. Lokesh Sinhal, Adv.
Mr. Akshay Amritanshu, AOR
Mr. Nikunj Gupta, Adv.
Ms. Drishti Rawal, Adv.
Ms. Pragya Upadhyay, Adv.
Ms. Drishti Saraf, Adv.
Ms. Aakanksha, Adv.
Ms. Ishika Gupta, Adv.
Mr. Sarthak Arya, Adv.
For Respondent(s) Ms. Nupur Kumar, AOR
Ms. Niharika Tanwar, Adv.
UPON hearing the counsel the Court made the following
O R D E RLeave granted.
The appeal is allowed and disposed of in terms of the
signed order.
Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (AKSHAY KUMAR BHORIA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)4