Cr.Misc. M 26647 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 26647 of 2010 Date of decision:10.9.2010 Kashmir Singh & Ors Petitioner vs. State of Punjab Respondent Present: Mr. AS Manaise, Advocate. M.M.S.BEDI,J. The petitioners are parents of Sarabjit Kaur, who, as per the allegations of complainants Surjit Kaur and Harbhajan Kaur, had received money with a promise to send their sons abroad. Learned counsel for the petitioners has submitted that as per the contents of the report u/s 173(2) Cr.P.C., there are five agreements, which had been entered into between Sarabjit Kaur and complainants indicating that it was Sarabjit Kaur, who had probably received money from the complainants with some promises but so far as the petitioners are concerned, there is neither any agreement with the complainants nor there is any specific allegation that they had received any money from the complainants. It has been submitted that the report u/s 173(2) Cr.P.C. has been submitted and there is absolutely no prima facie evidence available against the petitioners, sufficient enough to indict them in the case. I have heard learned counsel for the petitioners and gone through the various agreements entered into between Sarabjit Kaur and the complainants. It appears that the complainants have been duped by Sarabjit Kaur and there are no specific allegations against the petitioners. Cr.Misc. M 26647 of 2010 2 In the absence of other material, forming part of the report u/s 173(2) Cr.P.C., no opinion can be formed by this court regarding prima facie commission of any offence of cheating by the petitioners. This petition is disposed of with a direction that the trial court will consider all the pleas raised by the petitioners at the time of framing of charges and in case the trial court, on the basis of the material available on record, arrives at a conclusion that the necessary ingredients of offence u/s 420 IPC are not made out from the material forming part of the report u/s 173(2) Cr.P.C., including agreements, it will be open to it to discharge the petitioners. September 10 ,2010 ( M.M.S.BEDI ) TSM JUDGE