Criminal Misc. No. M-4974 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-4974 of 2009 Date of Decision: 21.4.2009 Satwant Singh Deol …Petitioner Versus Union Territory, Chandigarh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. M.S. Khaira, Senior Advocate with Mr. Dharminder Singh, Advocate for the petitioner. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 482 Cr.P.C. Seeking quashing of case FIR No. 7 dated 5.8.2006 registered at Police Station Vigilance, Sector 9, U.T. Chandigarh, under Section s 420 & 120-B IPC. On the last date of hearing, Mr. Rajiv Sharma, Advocate, appearing for Union Territory, Chandigarh, has sought date for filing reply. Today nobody has caused appearance on behalf of the Union Territory, Chandigarh. Counsel for the petitioner submits that in the present case report under Section 173 Cr.P.C. has been filed. Mr. M.S. Khaira, Senior Advocate, assisted by Mr. Dharminder Singh, Advocate, appearing for Criminal Misc. No. M-4974 of 2009 2 the petitioner, has further submitted that he has scanned the entire challan. From the bare reading of the challan, 161 Cr.P.C. statements and the documents attached with the challan, no offence is made out against the petitioner. Counsel for the petitioner is permitted to raise this argument along with all other arguments available to him before the trial Court and may urge before the trial Court that from the entire evidence collected by the prosecution and documents relied upon, no offence is made out. Counsel for the petitioner further submits that he is ready and willing to address these arguments before the trial Court but harassment is being caused to the petitioner by unnecessarily appearing before the trial Court as the trial Court is not undertaking consideration of charge. In view of this, trial Court is directed to consider the evidence gathered against the petitioner and the arguments to be raised by counsel for the petitioner and consider whether any charge is made out against the petitioner or not. However, taking into consideration submissions made by counsel for the petitioner that no evidence has come forward to connect the petitioner with the alleged offence, his personal appearance before the trial Court is exempted subject to filing an undertaking that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioner. On the furnishing of undertaking, the personal appearance of petitioner shall stand exempted. Criminal Misc. No. M-4974 of 2009 3 With the observations made above, the present petition is disposed off. Copy of this order be given dasti on payment of usual charges. (Kanwaljit Singh Ahluwalia) Judge April 21, 2009 “DK”