IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-16338 of 2010 (O & M) Date of Decision: August 17, 2011 Bhavik Bhardwaj & others .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sunil Chadha, Advocate, for the petitioners. Ms. Rajni Gupta, Additional Advocate General, Punjab. Mr. S.K. Bawa, Advocate, for respondent Nos.2 and 3. . . . AJAI LAMBA, J (Oral) 1. This petition filed under Section 482 Cr.P.C. prays for quashing FIR No.283 dated 27.11.2009 (Annexure P-1), under Section 392 IPC, registered with Police Station, City, Barnala. 2. Learned counsel for the petitioners contends that the petitioners are officers of Indusind Bank, and re-possessed the vehicle(s) taken on hypothecation by respondent Nos.2 and 3. No offence is made out as would be evident from the documents signed by the said Crl. Misc. No. M-16338 of 2010 [2] respondents. 3. Learned counsel for the respondent-State, on instructions from Parkash Singh, Assistant Sub Inspector, states that there has been a subsequent development, in so much as, after completion of investigation, final report under Section 173 Cr.P.C. has been filed. The petitioners have put in appearance before the Trial Court. The case is at the stage of framing of charge. 4. Considering the fact that evidence cannot be taken by way of affidavits and counter affidavits so as to draw a conclusion that the petitioners have not committed any offence, it would be most appropriate to relegate the petitioners to take the pleas taken in this petition before the Trial Court, at the stage of framing of charge or thereafter, if so advised. 5. Ordered accordingly. 6. The petition is disposed of with liberty as given above. 7. Personal appearance of the petitioners shall remain exempt on the conditions that: (i) they shall be represented by a counsel before the Trial Court; (ii) they shall not dispute their identity as accused; (iii) they shall have no objection if the evidence is recorded in their absence; (iv) they shall come present before the Trial Court as and when required; and (v) they shall comply with any other condition(s) that may be imposed by the Trial Court. (AJAI LAMBA) August 17, 2011 JUDGE avin Crl. Misc. No. M-16338 of 2010 [3] 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?