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Thursday, March 11, 2010

Facts cannot be disproved while exercising jurisdiction under Section 482

2010(1) LAW HERALD (P&H) 254
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ajai Lamba
Criminal Misc. No.13862-M of 2009
Kulwnder Singh & Anr.
V.
State of Punjab & Anr.
{Decided on 12/01/2010}
For the Petitioner: Mr. MS Gill, Sr. Advocate, with Mr. Vivek Goel, Advocate.
For the Respondent: Mr. AS Brar, Sr. DAG, Punjab.
For the Respondent No.2: Mr. Deepak Arora, Advocate.
Criminal Procedure Code, 1973, S.482--Indian Penal Code, 1860, S.417, 420, 494, 495, 496 & 120-B--Quashing of FIR--Cheating--Marrying again during lifetime of husband--Concealment of former marriage from person with whom subsequent marriage is contracted--Statement of petitioners by way of affidavit that they did not know about factum of first marriage of their real sister cannot be accepted--Incriminating material has been collected against petitioners--Facts cannot be disproved while exercising jurisdiction under Section 482--FIR not liable to be quashed. (P.8)