Crl. Misc. No.M-12675 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-12675 of 2010 Date of Decision: July 2, 2010 Baba Inder Singh and others …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.D.S. Pheruman, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) The petitioners seek quashing of FIR in which the allegation levelled against petitioner No.1 is that in a civil suit Baba Inder Singh Vs. Baldev Singh, pending in the Civil Court of Sub Judge, Amritsar, an affidavit of Dalip Singh was filed in the Court but when the objection was raised that the person appearing in the Court was not Dalip Singh, then a false death certificate dated January 22, 2007 was produced in the Court. It is alleged that it was Ajit Singh who had appeared in the Court in the name Crl. Misc. No.M-12675 of 2010 [2] of Dalip Singh and that Dalip Singh never appeared in the Court and that the death certificate produced in the Court was false. Counsel for the petitioners has vehemently contended that no offence is made out against the petitioners on the basis of the allegations levelled in the FIR. It is contended that as a matter of fact it was actually Dalip Singh who was produced in the Court and that the death certificate is genuine document. In case Dalip Singh is alive, any one can produce him in the Court. It has also been denied that it was Ajit Singh who appeared as Dalip Singh in the Court. Another point which has been raised by counsel for the petitioners is that cognizance of the offence cannot be taken by the Court on the basis of the allegations in view of provisions of Section 195 Cr.P.C. I have heard counsel for the petitioners at length and gone through the allegations and other documents placed on the record and I am of the opinion that the contentions of counsel for the petitioners are to be appreciated in context to the entire material which form part of the report under Section 173 (2) Cr.P.C. which is not feasible for this Court in the exercise of power under Section 482 Cr.P.C. Petition is disposed of without expression of any opinion on merits relegating the petitioners to file a detailed application against the framing of charges against them. The said application for discharge of the petitioners will be considered by the trial Court by passing a speaking order taking into consideration the entire material forming part of the report under Section 173 (2) Cr.P.C. and provisions of Section 195 Cr.P.C. Crl. Misc. No.M-12675 of 2010 [3] July 2, 2010 (M.M.S.BEDI) sanjay JUDGE