Crl. Misc. No. M-9341 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9341 of 2010 (O&M) Decided on : 27-09-2011 Ashok Kumar and another ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. S.C.Chhabra, Advocate for the petitioners Mr.B.B.S.Teji, Sr. DAG, Punjab Mr. J.S.Thind, Advocate for respondent no.2. MAHESH GROVER, J Learned counsel for the petitioners states that the accusations against the petitioners are regarding fradulant sanctioning of mutation on the basis of judgment which purportedly affected the rights of the parties. A perusal of the judgment of the Additional Sessions Judge, Ferozepur however reveals that it was merely a remand order and did not adjudicate or determine the rights of the parties conclusively. Learned counsel for the petitioners then contended that the order of the sanctioning of mutation was challenged in appeal before the Collector by the complainant and which challenge was negated and therefore it is imperative that this matter be also considered by the learned Trial Court as this has come on record subsequent to the challan having been submitted. On due consideration of the matter, I am of the considered Crl. Misc. No. M-9341 of 2010 (O&M) 2 opinion that the petitioner is at liberty to raise all these pleas before the learned Trial Court by taking recourse to the appropriate remedies available to him under Code of Criminal Procedure during the course of trial. In view of the above, learned counsel for the petitioners prays for permission to withdraw the instant petition with liberty aforesaid. Permitted to do so. Dismissed as withdrawn with liberty aforesaid. September 27, 2011 (Mahesh Grover) rekha Judge