In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-13728 of 2010 ..... Date of decision:28.9.2010 Jaswinder Singh .....Petitioner v. State of Punjab and another .....Respondents .... Present: Mr. Jasbir Singh, Advocate for the petitioner. ..... S.S. Saron, J. Learned counsel for the petitioner has submitted that the challan in the case has been filed. According to the learned counsel the allegations as made in the FIR make out only a civil liability and no criminal liability is to be fastened on the petitioner. Besides, it is submitted that the petitioner is not a party to the transaction between the complainant Birgu Nath, who is to purchase the land and Baljit Singh who is to sell the land. After giving my thoughtful consideration to the matter, it may be noticed that admittedly challan in the case has been filed. All the documents and material are before the trial Court and the same are to be considered for the purposes of framing charge. The petitioner, therefore, has a remedy of his raising the contentions as raised herein at the time of framing of the charge. It is well known that the Court at the time of consideration of framing charge does not act as a mere mouth-piece or a post-office of the prosecution and it can sift and weigh the evidence and Cr. Misc. No.M-13728 of 2010 [2] material on record for the limited purpose of framing charges. Therefore, in the facts and circumstances, the petitioner in the first instance is liable to approach the learned trial Court itself for consideration of the contentions as raised herein at the time of framing charges. The criminal miscellaneous petition is accordingly disposed of with liberty to raise the contentions before the learned trial Court at the time of framing charge. September 28, 2010. (S.S. Saron) Judge *hsp*