IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. 59080-M of 2004 DATE OF DECISION : 28.05.2008 Mehran Bai and others .... PETITIONERS Versus Dara Singh ..... RESPONDENT CORAM :-HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Girdhar, Advocate, for the petitioners. Mr. B.S. Thind, Advocate, for Mr. L.S. Sidhu, Advocate, for the respondent. * * * KANWALJIT SINGH AHLUWALIA, J. (Oral) Shri R.K. Girdhar, appearing for the petitioners, has stated that the learned trial Magistrate, while passing the summoning, found that no offence under Section 3/4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1986, is made out against the petitioners. He has summoned the petitioners only under Section 504 IPC. Shri Girdhar states that the allegations are frivolous and no offence under Section 504 IPC is made out from the facts and circumstances of the case. Whether the petitioners had left a threat or not is a disputed question of fact, which cannot be adjudicated in a petition under Section 482 Cr.P.C. Crl. Misc. No. 59080-M of 2004 -2- Consequently, the present petition is disposed of with liberty to the petitioners to raise all arguments available to them before the learned trial court at the appropriate stage. Since in the present case, complaint was filed in December, 2002, it would be just to exempt the personal appearance of the petitioners before the learned trial court, subject to their filing an undertaking before the learned trial court that they shall cause appearance, as and when required. May 28, 2008 (KANWALJIT SINGH AHLUWALIA) ndj JUDGE