IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 28356-M of 2005 Date of decision: 13th October, 2010 Mohd. Shiraj Malik and another … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jasmeet Singh Bhatia, Advocate for the petitioners. Mr. Raghbir Chaudhary, Sr. DAG Punjab for respondent No.1. Mr. Rajiv Sharma, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.141 dated 13.12.2004 registered at Police Station Machhiwara, Police District Khanna, District Ludhiana under Section 406/420 IPC. Counsel for the State has filed an affidavit of Inspector Anil Kumar, SHO Machhiwara. The same is taken on record. It is stated in the affidavit that charges were framed against the petitioners on 28th January, 2006. On 20th April, 2007, three witnesses were examined and further witnesses have been bound down for 28th October, 2010. Counsel for the State has submitted that in all, 12 witnesses have been cited, out of which four have been examined and on the next date of hearing, i.e. 28th October, 2010, three more witnesses will be examined. Criminal Misc. No.28356-M of 2005 This Court has always held a view that once the evidence of prosecution has commenced and witnesses have been examined, the trial has to culminate into acquittal or conviction, and that Section 482 Cr.P.C. for quashing of the FIR and subsequent proceedings can be invoked in a rare case. Since the trial is near conclusion, this Court will be hesitant to come to the rescue of the petitioners. Hence, the present petition is hereby dismissed. However, considering the fact that the FIR was registered in the year 2004, 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 undertake 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 condition in the undertaking to be furnished by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE October 13, 2010 rps 2