IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. 24179-M of 2007 Date of decision : 23.01.2009 Sahib Singh and another ....Petitioners V/s State of Punjab and another ....Respondents. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: None for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) The petitioners have sought quashing of FIR No. 246 dated 20.12.2004 registered under Sections 381/457/427/148/149 IPC at Police Station 'B' Division, Amritsar (Annexure P-1). The main ground agitated in the petition is that no criminal offence is made out from the allegations leveled in the FIR as well as evidence collected during investigation. Counsel for the State, on instructions from Head Constable Harpal Singh, who is present in Court, submitted that pursuant to challan presented before the trial Court, charges have already been framed and the case is fixed for prosecution evidence on 21.04.2009. In the facts and circumstances of the case, I am of the considered view that factual pleas raised in the petition cannot be adjudicated upon in inherent jurisdiction of this Court under Section 482 Cr.P.C. pleas which are essentially in the nature of defence, can be decided only by the trial court after evidence is led before it. Since charge has Crl. Misc No. 24179-M of 2007 -2- already been framed and the case is fixed for prosecution evidence, no ground is made out for any interference in exercise of inherent jurisdiction of this Court under Section 482 Cr.P.C. The petition thus stands dismissed. 23.01.2009 (RAJAN GUPTA) Ajay JUDGE