Cr.Misc. M 20866 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 20866 of 2010 Date of decision:30.7.2010 Nahar Singh Petitioner vs. State of Punjab and others Respondent Present: Mr. Pritam Saini, Advocate. M.M.S.BEDI,J. The petitioner claims that in the FIR complainant Khem Singh has levelled allegation of theft against Randhir Singh but in the last line of the FIR, he has stated that the theft has been committed by Randhir Singh in connivance with the petitioner. The petitioner claims that he had filed a writ petition for a direction to the Director Rural Development and Panchayat Department to take action on the basis of complaint filed by the petitioner against Khem Singh and that Randhir Singh had filed a suit against Khem Singh, in which favourable order was passed in favour of Randhir Singh. The petitioner has been falsely involved in the case. Learned counsel for the petitioner submits that till date challan has not been presented. No doubt, on the basis of mala fide the FIR can be quashed qua the petitioner but if the allegations against an accused are absolutely vague and there is no material in the report u/s 173(2) Cr.P.C., it is always open to the trial court to discharge the accused. The FIR does not indicate any specific attribution to the petitioner. Since the other material appended with the report u/s 173(2) Cr.P.C. is not available, no opinion can be formed regarding the connivance or conspiracy of the Cr.Misc. M 20866 of 2010 2 petitioner with his co-accused. This petition is disposed of as pre-mature as challan is not even presented against the petitioner. It is ordered that in case the prosecution agency opts to present challan against the petitioner also, it will be open to the trial court to discharge the petitioner in case there is no material available on the record to prima facie establish connivance of the petitioner with his co-accused. July 30 ,2010 ( M.M.S.BEDI ) TSM JUDGE