IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. -M No. 21424 of 2008 (O&M)
Date of decision : February 24, 2009
Deep Kalra and others
....Petitioners
versus
State of Haryana and another
....Respondents
Coram: Hon'ble Mr. Justice Pritam Pal
Present : Mr. Hari Haran, Advocate and
Mr. Rohit Khanna, Advocate for the petitionerss
Mr. Vikas Chaudhary, AAG Haryana
Mr. TS Sangha, Sr. Advocate with
Mr. JS Lally, Advocate for respondent no. 2
Pritam Pal,J. (Oral)
Petitioners have brought this petition under Section 482 of the
Code of Criminal Procedure for quashing of F.I.R. No. 20 dated 23.1.2008
registered under Sections 420, 465, 506 of the Indian Penal Code at Police
Station Sector-40, Gurgaon and all subsequent proceedings arising
therefrom.
It is stated by learned counsel for the parties that the trial court
is yet to frame the charge in this case and if some force is found in the pleas
raised before the trial court at the time of framing of charge then the trial
court will be at liberty to proceed with the same, in accordance with law.
In this view of the matter, learned counsel for the petitioner
does not press this petition at this stage and submits that he be allowed to
Criminal Misc. -M No. 21424 of 2008 (O&M) -2-
raise all the pleas contained in the present petition before the trial court at
the time of framing the charge. His request appears to be genuine.
In view of the above position, this petition is disposed of with a
direction that the trial court shall look into all the pleas raised before it at
the time of arguments on the point of charge.
In the meantime, personal appearance of the petitioners shall
remain exempted before the trial court, subject to necessary conditions to be
imposed by it for smooth trial of the case.
( Pritam Pal )
February 24 2009 Judge
'dalbir'