Crl.Misc.No.M-40111 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-40111 of 2007. Decided on: April 21, 2010. Sohan Singh and others .. Petitioners VERSUS State of Punjab and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Ranjan Lakhanpal, Advocate, for the petitioners. Mr.Arshvinder Singh, DAG., Punjab. M.M.S. BEDI, J. (ORAL) The petitioners claim that they have been falsely implicated in the case at the instance of respondent No.2. It is also pointed out that during the course of investigation it had come to light that petitioner No.1, was living in foreign country during the period when the offence was allegedly committed. The Deputy Superintendent of Police, vide Annexure P-7, had made a request for reinvestigation in the matter but permission was not given for further investigation of the matter in accordance with the provisions of Section 173 (8) Cr.P.C. A perusal of the allegations and the reply . . . 1 Crl.Misc.No.M-40111 of 2007 indicates that the petitioners have got a probable good defence but it will not be appropriate for this Court, in exercise of inherent jurisdiction under Section 482 Cr.P.C., to enter into the niceties of the trial and arrive at a conclusion which could be arrived at by the trial Court on the basis of appreciation of evidence. It has been informed that the charge was not framed in this case in view of the order of stay passed by this Court on 19.07.2007. I am of the considered opinion that the interests of justice would be adequately met in case the trial is directed to be concluded expeditiously so that the agony of the petitioners as alleged by them could be curtailed. Without expression of any opinion on the merits, at this stage, the petition is disposed of with a direction to the trial Court to consider the matter for framing of charges within a period of one month. It will be open to the trial Court to discharge any of the petitioners in case the trial Court arrives at a conclusion that no prima facie evidence is available against any of the petitioners. In case the trial Court opts to frame charges against any of the petitioners, in that eventuality, the trial will be concluded within a period of five months thereafter by giving short dates. All the pleas raised by the petitioner in this petition can be taken up during the course of trial at an opportune time. It is made clear that in case any of the petitioners facing trial moves an application for exemption from personal appearance, that would be liberally considered and exemption will be . . . 2 Crl.Misc.No.M-40111 of 2007 granted subject to any conditions imposed by the trial Court. It is also made clear that it will be open to the trial Court to record the evidence by exempting the personal appearance of the accused person(s) under Section 273 Cr.P.C., in the presence of counsel. Disposed of with above said directions. (M.M.S.BEDI) JUDGE April 21, 2010. rka . . . 3