Swaran Sayal And Others vs Kashmir Singh on 12 January, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                     Criminal Misc. No. M-8744 of 2008
                     Date of decision: 12th January, 2009

Swaran Sayal and others

                                                                 ... Petitioners

                                   Versus

Kashmir Singh
                                                                ... Respondent

CORAM:       HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:     None for the petitioners.
             Mr. Jasjit Singh, Advocate for the respondent.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Disputed questions of fact are involved. Whether the petitioners

have been falsely implicated or not, can only be determined, after the

evidence is led by them in support of the averments made in the present

quashing petition.

Therefore, no ground is made out for quashing the complaint

(Annexure P-1) and the summoning order (Annexure P-2), while exercising

jurisdiction under Section 482 Cr.P.C. However, taking into consideration

the fact that the complaint was instituted in year 2006, personal appearance

of the petitioners, before the trial Court, is exempted, subject to their filing

an undertaking that they shall cause their appearance as and when required

by the trial Court. They shall also file an undertaking that the evidence, if

any, recorded in their absence but in the presence of their counsel, shall be

binding upon them. The trial Court may incorporate any other conditions in

the undertaking to be submitted by the accused.

With these observations, present petition is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 12, 2009
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