IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.55028-M of 2007 Date of decision : 28-01-2009 Jaswant Singh and another ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram Chaudhary, Advocate, for the petitioners. Mr. Anter Singh Brar, DAG, Punjab. Mr. Gurcharan Dass, Advocate, for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioners have been named as accused in case FIR No.44 dated 31-01-2003 registered at Police Station Division No.6, Ludhiana, u/s 420, 406, 467, 468, 471, 506, 511, 120-B IPC. Sh. Vikram Chaudhary at the outset has stated that no criminal offence is made out. From the perusal of FIR, he stated that petitioner No.1 was inducted in the premises by the complainant himself. Now in order to oust him without taking recourse to lawful civil remedy, petitioner has been harassed by lodging a false FIR. I have called upon counsel for the complainant to show as to what offence has been made out and what document has been forged. Unable to answer the same, counsel for the complainant has stated that in the present case, report u/s 173 Cr.P.C. has been submitted and charges have been framed and trial Court is seized of the matter. In view of this, Sh. Vikram Chaudhary has stated that liberty be granted to him to raise all arguments before the trial Court at appropriate stage and he may be permitted to withdraw the present petition. He has further made alternative prayer that, since it is essentially civil dispute between the close relations. Personal appearance of the petitioners be exempted. Crl. Misc. No.55028-M of 2007 -2- I have given my thoughtful consideration to the rival submission made. The parties are involved in civil litigation also and they are closely related. Whether any offence is made out or not can only be decided by the trial Court after evidence is adduced by the parties. Therefore prayer of Sh. Vikram Chaudhary is accepted. Present petition is ordered to be dismissed as withdrawn with liberty to raise all arguments before the trial Court. Taking into consideration the nature of offence and relationship of parties, personal appearance of the petitioners before the trial Court is exempted subject to filing an undertaking that that they shall cause their appearance as and when required by the trial Court. They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. Since the present FIR is of the year 2003, the trial Court is directed to conclude the trial within eight months from the receipt of the certified copy of the order. (KANWALJIT SINGH AHLUWALIA) 28-1-2009 JUDGE manju