In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-22298 of 2010 ..... Date of decision:4.8.2010 Raj Pal and another .....Petitioners v. State of Haryana .....Respondent .... Present: Mr. Parminder Singh, Advocate for the petitioners. ..... S.S. Saron, J. Learned counsel for the petitioners inter alia contends that the FIR dated 22.4.2010 (Annexure-P.2) is in respect of the incident that occurred on 31.10.2009 in respect of which FIR No.499 dated 31.10.2009 already stands registered for the offences under Sections 302, 307/34 Indian Penal Code; besides, Section 27 of the Arms Act against the complainant of the FIR (Annexure-P.2), namely, Ranbir Singh. The FIR (Annexure-P.2), it is submitted, is in the nature of defence which the complainant seeks to raise in FIR No.499 dated 31.10.2009 in which Ram Pal died at the spot. The challan in the case FIR No.499 dated 31.10.2009 was filed on 25.1.2010 and the FIR (Annexure- P.2) has been registered on 22.4.2010. The case, it is stated, is fixed before the trial Court for consideration of framing charge. Therefore, the petitioners have their remedy of raising the contentions as raised herein at the time of framing of charge. It is well known that a Court at the time of framing of charge is to sift and weigh the evidence for the limited Cr. Misc. No.M-22298 of 2010 [2] purpose of finding out whether a prima facie case has been made out and it does not act as a mere mouth-piece or a post office of the prosecution. The total effect of the material and documents before the Court are to be considered. Accordingly, the criminal miscellaneous petition is disposed of leaving the petitioner to raise the contentions at the time of consideration of framing charge. August 4, 2010. (S.S. Saron) Judge *hsp*