Crl. Misc. No.M-49331 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: December 07, 2010. Crl. Misc. No.M-49331 of 2007. Harminder Singh and another .. Petitioners VERSUS Bahader Singh . Respondent *** CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.V.K,.Shukla, Advocate, for the petitioners. Mr.Mandeep Kaushik, Advocate, for the respondent. *** M.M.S. BEDI, J. (ORAL) Petitioners seek the quashing of a private complaint filed by respondent Annexure P-3, and the summoning order Annexure P-4, dated 07.07.2007, inter alia, on the ground that the complaint pertains to an occurrence dated 17.06.2004, and the complaint was filed on 24.10.2005 after 11 months. It is also contended that the complaint is counter-blast to a criminal case . . . 1 Crl. Misc. No.M-49331 of 2007 registered vide FIR No.66 dated 21.06.2004, under Sections 323 & 324 IPC, registered at Police Station, Sudhar, District Jagraon, against the complainant on the complaint of petitioner No.1 Harminder Singh. On the basis of above ground, quashing of private complaint is being pressed. Counsel for the respondent has relied upon MLR of Bahadur Singh, respondent-complainant indicating that he was admitted on 17.06.2004 for injury lower right side two incisors missing from the Socket and incised wound on the lateral surface of left lower arm. After hearing the the counsel for both the parties at length, I am of the opinion that all the pleas which have been taken by the petitioners in the present case can be raised at the time of pre-charge evidence and during the course of cross-examination at pre-charge evidence stage, the pleas taken up in this petition can be put to the complainant-respondent to impeach his credibility and to establish the falsity of the claim of the complainant-respondent. It will always be open to the trial Court to discharge the petitioners on the ground of established mala fide and improbability of the story of complainant-respondent and the plea of mala fide as raised in this petition. The scope of Section 482 Cr.P.C., does not permit this Court does not permit this Court to enter into the niceties of the trial and determine the truthfulness of the allegations of respondent- complainant. The petition is dismissed. . . . 2 Crl. Misc. No.M-49331 of 2007 However, it is observed that in case the petitioners move an application for exemption from personal appearance, the same will be allowed subject to any conditions imposed by the trial Court. It will be open to the trial Court to discharge the petitioners in case at pre-charge evidence, the petitioners are able to impeach the credibility and truthfulness of the allegations of complaint and mala fide. (M.M.S.BEDI) JUDGE December 07, 2010. rka . . . 3