IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13226 of 2009 (O&M) Date of decision: 18th May, 2009 Naveen … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Nand Lal Sharma, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Issue notice of motion to Advocate General, Haryana. On the asking of Court, Mr. S.S. Kharab, Assistant Advocate General, Haryana accepts notice on behalf of the State. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the proceedings arising out of the order dated 25.11.2008 (Annexure P-4) passed in case FIR No. 214 dated 01.09.2008 registered at Police Station Sampla, District Rohtak under Sections 302, 364 IPC. Counsel for the petitioner, at bar, has stated that till today, no witness has been examined. Primary grievance in the present petition is that charge was framed against the petitioner without affording him any opportunity to address arguments. To fortify this submission, counsel for the petitioner has relied upon affidavit (Annexure P-6) of Mr.Ravinder Gaur, Advocate, District Bar Association Rohtak. Criminal Misc. No. M-13226 of 2009 (O&M) Be that as it may, it may not be necessary and also will not be in consonance with judicial propriety to comment upon the affidavit. However, taking into consideration the statement made by counsel for the petitioner at bar that no prosecution witness has been examined, order (Annexure P-4) dated 25.11.2008 is set aside. Petitioner is afforded an opportunity to address arguments at the time of framing of charge. The Court, after hearing the arguments advanced by counsel for the petitioner, shall pass a reasoned order in case charges are to be framed against the petitioner. The primary grievance of the petitioner that he was not afforded an opportunity to address arguments at the time of consideration of charge, with this order, shall stand redressed. Accordingly, present petition stands disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2009 rps 2