IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.20786-M of 2008 DATE OF DECISION : DECEMBER 12, 2008 AMARJIT SINGH & ANR. ....... PETITIONER(S) VERSUS PUNJAB URBAN DEVELOPMENT AUTHORITY & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. RS Cheema, Sr. Advocate, with Ms. Tanu Bedi, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 293 dated 07.08.2004 under Sections 36(1), 36(3) of the Punjab Apartment & Property Regulation Act, P.S. Kotwali, Sangrur, Annexure P-4. Contention is that challan was presented on 19.11.2005. An application for discharge was filed on 18.09.2006 which has been placed on record as Anneuxre P-8. The zimini orders have been reproduced. Orders dated 18.09.2006 and 15.07.2007 notice the application for discharge. It is contended that despite the fact that an application for discharge was filed, Criminal Misc.20786-M of 2008 2 however, the same was not dealt with. Now, charges have been framed on 10.12.2007. Contention is that the petitioners would have been discharged if the application was entertained in view of the fact that the complaint itself was made beyond limitation. Sale deeds were signed only by the attorneys. Learned counsel for the respondent-State has not been able to point out any material to indicate that the application for discharge dated 18.9.2006 had been considered by the trial court. The zimny orders reproduced in the petition, indicate that notice of the application was given. Ordinarily, the application should have been entertained and decided. This has, however, not been done. In view of the above, this petition is allowed. Order of framing charge dated 10.12.2007 and the charge-sheet of even date are hereby set aside. The matter is remitted back to the trial court so that the application for discharge filed on 18.9.2006 (Annexure P-8) is dealt with, considered and decided before proceeding any further. December 12, 2008 ( AJAI LAMBA ) Kang JUDGE