Crl. Misc. No. M- 1608 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 1608 of 2011 Date of decision:- December 1, 2011 Gurcharan Singh Kalan & another .....Petitioners VERSUS State of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Puneet Singla, Advocate for Mr. DK Bhatti, Advocate, for the petitioners. Mr. A.S. Jattana, Addl. A.G., Punjab, for the State. **** RANJIT SINGH, J. The petitioners have filed this petition for quashing of FIR on the ground that they are bonafide purchasers and no fraud of misappropriation as alleged in the FIR is committed by them. The petitioners have been declared proclaimed offenders. They have, accordingly, challenged this order on the ground that they have no knowledge with regard to the Court proceedings since they were staying in Canada. It is stated that no efforts were made to serve them. Noticing that there is nothing on record to show that the petitioners avoided the service willfully, this Court issued notice. It was also noticed that there was delay of more than 8 years in registering the FIR. The Court, however, observed that the petitioners being PO, cannot be heard for quashing of the FIR unless they surrender before the trial Court. The petitioners, accordingly, were directed to surrender before the trial Court within one month Crl. Misc. No. M- 1608 of 2011 -2- from the date of receipt of certified copy of the order. If they did so, they were directed to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of the trial Court. The arrest of the petitioners was stayed. Subsequently, the case had to be adjourned on number of occasions and ultimately it was stated before this Court that the petitioners have surrendered before the trial Court and have furnished the bail bonds and surety bonds to the satisfaction of the trial Court. Since the petitioners have now appeared before the trial Court, they have to prove their case that they are bonafide purchasers. On the basis of affidavit filed by the petitioners, this issue cannot be determined by this Court while exercising extraordinary jurisdiction of this Court. The petitioners may take up all the pleas before the trial Court. It would not be appropriate to quash the FIR as prayed for. The petition is, accordingly, dismissed. December 01, 2011 ( RANJIT SINGH ) monika JUDGE