IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-13702 of 2009 Date of decision: July 16, 2009 Sukhdev Sharma -Petitioner Versus State of Punjab -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. RK Aggarwal, Advocate, for the petitioner. Rajan Gupta, J.(Oral) Counsel submits that the only allegation in the FIR is that the petitioner was illegally digging gravel from the corner of village Mamoon. According to counsel, from this action no offence under Section 379 IPC is made out. Learned State counsel submits that pursuant to order dated 19-5-2009, petitioner has joined the investigation and is no longer required for custodial interrogation. In view of the statement made by learned State counsel, the interim order dated 19-5-2009 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. The petition stands allowed in aforesaid terms. [Rajan Gupta] Judge July 16, 2009. 'ask'