In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 30995 of 2008 Date of Decision:February 26, 2009 Jagdev Singh and others ---Petitioners versus State of Punjab and another ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. R.S.Bains,Advocate, for the petitioners Mr. Aman Deep Singh Rai, AAG, Punjab for respondent No. 1 Mr.Sukhdeep Singh Sandhu,Central Government Standing counsel, for respondent No. 2 *** SABINA, J. Reply on behalf of respondent No. 2 has been filed in Court today. The same is taken on record. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.')for quashing the ongoing proceedings against them in FIR No. RC.S. 152002 50011 dated 8.7.2002 under Sections 307,436,447, 427, 506, 295, 148, 149 of the Indian Penal Code and Sections 25 and 27 of the Arms Act, 1959 as they have been declared innocent by the Central bureau of Investigation. Occurrence in this case had taken place on 2.12.1999. About 100-150 villagers of village Maksoodran Guriapatti and others armed with Crl. Misc. No. M- 30995 of 2008 -2- weapons has assembled at Dhaki Pond and proceeded towards Dera Dhaki with the intention to dislodge the Sewadars and animals of the Dera which resulted in injuries to the Animals as well as damage to the property of the Dera. FIR No. 161 dated 2.12.1999 was registered by the local police under Sections 307, 436, 427, 506,295, 148, 149 IPC and 25, 27 of the Arms Act at Police Station Payal, District Ludhiana. Thereafter, the investigation was handed over to the Central Bureau of Investigation on 17.1.2002. After investigation, respondent No. 2 registered the FIR, in question. After investigation, challan was presented against 29 person out of 91 person who were mentioned as accused in FIR 161 dated 2.12.1999 and five more persons who were not named in FIR No. 161 dated 2.12.1999. Petitioners along with others were shown in column No. 2 Petitioners were released on bail after registration of FIR (No. 161 dated 2.12.1999) and were found innocent during investigation by respondent No. 2. Learned counsel for the petitioners has submitted that despite the fact that petitioners were found innocent by respondent No. 2 during investigation and no challan had been presented against them, they are being made to appear before the trial court on each and every date. Learned counsel for respondent No. 2 has submitted that the petitioners were found innocent during investigation by the Central Bureau of Investigation as there was no sufficient evidence against them and had been kept in column No. 2 at the time of presentation of the challan. In these circumstances, petitioners and other persons are not required to appear before the trial court as no sufficient evidence was found Crl. Misc. No. M- 30995 of 2008 -3- against them during investigation by respondent No. 2 in FIR No. RC.S. 152002 50011 dated 8.7.2002 and they have been placed in column No. 2 at the time of presentation of challan. Ordered accordingly. (SABINA) JUDGE February 26, 2009 PARAMJIT