IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-9072 of 2008 Date of Decision:- 27.5.2009 Gurdeep Singh and Ors. .... Petitioner Versus State of Punjab & Ors. .... Respondents. Present:- Mr. P.N.Aggarwal, Advocate for the petitioner. Mr. Abhishek Chautala, AAG, Punjab. Mr. R.D.Bawa, Advocate, for the complainant. M.M.S.BEDI. (J) (Oral) Heard. Learned counsel for the petitioner submits that in view of the judgments of civil Court and other revenue record, it is established that the continuation of proceedings under Section 447 IPC is an abuse of process of Court. Learned State counsel informs that almost all the material prosecution witnesses have been examined and trial is to be concluded in near future. Learned counsel for the petitioner submitted that the evidence has been recorded as per the provisions of Section 273 Cr.P.C during the pendency of this petition. In view of stage of trial reached by this time and taking into consideration the defence evidence available with the petitioner, it is deemed appropriate, in the interest of justice, not to take up this petition for quashing of FIR by considering the allegations in the FIR viz a viz the defence evience available with the petitioner (accused). It appears that the Crl. Misc. No. M-9072 of 2008 -2- petitioner should be granted sufficient opportunity to establish their defence to falsify the allegations in the FIR and get the matter adjudicate finally before the trial Court. Petition is disposed of with a direction to the trial to complete the trial within a period of six months, after the next date of hearing by giving a fair opportunity to the petitioner to rebut the allegations of the prosecution by producing necessary defence evidence in the shape of documents or in the shape of statements of witnesses. The personal appearance of the petitioner before the trial Court will remain exempted as already ordered. However, it will be open to the trial Court to require the petitioners at any time for making statements or for passing final order. It will also be open to the trial Court to record the evidence in the presence of learned counsel for the petitioner by exempting their appearance as per the provisions of Section 273 Cr.P.C. Disposed of without expression of any opinion on merits. May 27, 2009 (M.M.S.Bedi) tripti Judge