IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-13855 of 2011 (O&M) Date of decision: 6th May, 2011 Suman Sharma … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Inderpal Singh Doabia, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.178 dated 21.07.2009 registered at Police Station Civil Lines, Patiala under Section 420 IPC (Annexure P-1) along with the Challan (Annexure P-2) dated 24th December, 2010. It is stated that the petitioner is an old lady aged about 62 years. She is mother-in-law of the main accused. Learned counsel has stated that the allegation levelled against the petitioner is that she had received a telephonic call. Along with the present petition, report under Section 173 Cr.P.C. submitted by the investigating agency along with the statements of the witnesses recorded under Section 161 Cr.P.C. has not been attached. Thus, this Court will not be able to comment upon the role assigned to the petitioner by the investigating agency. Furthermore, whether Section 120-B IPC is attracted or not, is a matter which can be agitated at the time of framing of charge. Therefore, at this stage the Criminal Misc. No. M-13855 of 2011 (O&M) prayer for quashing of the impugned FIR cannot be entertained by this Court. However, taking into consideration the fact that the petitioner is an old lady aged about 62 years, her personal appearance before the trial Court is exempted, subject to her filing an undertaking that she shall cause her appearance as and when required by the trial Court. She shall also undertake that the evidence, if any, recorded in her absence but in the presence of her counsel, shall be binding upon her. The trial Court may incorporate any other condition in the undertaking to be furnished by the accused. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE May 6, 2011 rps 2