Punjab & Haryana HC Strikes Down FIR for “Skipping Trial” After Acquittal in Main NDPS Case
Case Name: Paramjit Singh @ Kaka vs. State of Punjab
Date of Judgment: 01.09.2025
Citation: CRM-M No. 15467 of 2025.
Bench: Justice Sumeet Goel.
Held: The High Court quashed FIR No. 92 dated 06.09.2021 registered under Section 229-A IPC against the petitioner, holding that once the substantive trial in the main case (FIR No. 37 of 2014 under the NDPS Act and Excise Act) had culminated in acquittal, ancillary proceedings under Section 229-A could not independently survive. The Court observed that continuation of such proceedings would amount to abuse of process, especially when the acquittal had attained finality and no appeal or revision was pending.
Summary: The impugned FIR was registered alleging that the petitioner, declared a proclaimed offender during trial in FIR No. 37 of 2014 (registered under Sections 21, 61, 85 of the NDPS Act and Section 91(1) of the Excise Act), committed an offence under Section 229-A IPC by failing to appear in Court. The petitioner argued that since the main NDPS trial concluded with his clean acquittal on 02.04.2024 after examination of all witnesses, collateral proceedings under Section 229-A had become redundant and unsustainable.
The State opposed the petition, relying on the independent nature of Section 229-A IPC. However, the Court noted that the offence alleged under Section 229-A was merely consequential to the original NDPS proceedings, which no longer survived after acquittal. The Court referred to precedents including Sanjeet vs. State of Haryana (2025), Mohammad Hanif Attari vs. State of Haryana (2023), Baldev Chand Bansal vs. State of Haryana (2019), Ashok Madaan vs. State of Haryana (2020), and Daljit Singh vs. State of Haryana (Supreme Court, 2025), reiterating that ancillary FIRs under Sections 174-A/229-A IPC cannot continue once the principal trial ends in acquittal or settlement.
The Court emphasized that Section 528 BNSS, 2023 (akin to Section 482 CrPC) gives the High Court inherent powers to prevent abuse of process and secure the ends of justice. Literal continuation of collateral proceedings post-acquittal would only clog the dockets, undermine fairness, and result in unjust outcomes.
Decision: The High Court allowed the petition and quashed FIR No. 92 dated 06.09.2021 under Section 229-A IPC registered at Police Station Bholath, District Kapurthala, along with all consequential proceedings. It held that with the petitioner’s acquittal in the main NDPS trial, the ancillary proceedings had no independent existence and their continuance would amount to abuse of law.