Crl.Misc No M- 5926 of 2011 Devender Singh v. State of Punjab Present: Mr.K.K.Goel, Advocate, for the petitioner. *** ORDER This petition has been filed on behalf of Devinder Singh for quashing of FIR No.96 dated 30.6.2010 under Section 409 IPC registered at Police Station, Kapurthala and all subsequent proceeding arising therefrom. Learned counsel for the petitioner submits that petitioner suffered psychiatric attack and he was diagnosed as a case of acute psychosis by specialist doctor from Mental Hospital, Amritsar. Learned counsel for the petitioner also submits that the act on the part of the petitioner was of no ill-will as no intention was there and petitioner cannot be held guilty under Section 409 IPC. Heard the arguments of learned counsel for the petitioner and also gone through the documents available on the file. Since only challan has been presented and case is fixed for framing of charge, the FIR cannot be quashed at this stage. However, the petitioner is at liberty to raise all the pleas which have been raised in this petition before the trial Court at the time of framing of charge. Learned counsel for the petitioner has also prayed for exemption of petitioner from personal appearance before the trial Court as petitioner is a psychiatric and he is not in a position to Crl.Misc No M- 5926 of 2011 [2] attend Court proceedings. The petitioner is also at liberty to move an application before the trial Court for exemption from personal appearance and if such application is moved, the trial Court is directed to pass an order on the application in accordance with law. Disposed of accordingly. (DAYA CHAUDHARY) February 24, 2011 JUDGE raghav