CRM No. M 22729 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Date of decision: 04.02.2011 1. CRM No. M 22729 of 2008 Mukesh Kumar ........ Petitioner Versus State of Punjab and another .......Respondent(s) 2. CRM M 23785 of 2008 Ashok Kumar .........Petitioner Versus State of Punjab .........Respondent Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. P K Chugh, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab Mr. Yogesh Goel, Advocate for respondent No. 2 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This order shall dispose of both the aforesaid petitions as the facts are same. However, for facility of reference, the facts are being taken CRM No. M 22729 of 2008 2 from CRM M 22729 of 2008. The prayer in CRM M 22729 of 2008 is for quashing of FIR No. 222 dated 21.05.2008 under Section 452, 341, 506, 34, 420 IPC, registered at Police Station Sadar Patiala, District Patiala and further proceedings arising out of the same as complaint under Section 138 of the Negotiable Instrument Act. has already been instituted prior to registration of the FIR. It is pointed out that the petitioner has not been appearing before the concerned Court since 01.09.2009 and, as such, non-bailable warrants have been issued against him in the FIR case. Position of the petitioner in CRM M 23785 of 2008 is also the same. He too is not appearing before the Court ever since. It is further pointed out that in the complaint case, charges were framed in the month of July, 2008. In the said complaint also, the petitioner has not been appearing and non-bailable warrants have been issued against him. The said case is pending for 04.03.2011. Further, the revision filed against the summoning order in the complaint case is also pending and the same is also being adjourned on account of the fact that the petitioner has not put in appearance. Moreover, the present petitions were filed in the year 2008. The same are pending till then. No stay was granted. However, proceedings before the Court below could not proceed further on account non- appearance of the petitioner. As such, this Court does not think it appropriate to exercise its inherent powers under Section 482 Cr.P.C for quashing of the FIR qua the petitioner who is absconding and who is not appearing before the trial Court. CRM No. M 22729 of 2008 3 Hence, there is no ground to quash the FIR. However, on the joint request of learned counsel for the parties, the trial in FIR No. No. 222 dated 21.05.2008 under Section 452, 341, 506, 34, 420 IPC, registered at Police Station Sadar Patiala, District Patiala, pending in the Court of Shri Rajeev Kalra, Additional Chief Judicial Magistrate, Patiala and the trial in a complaint case, pending in the Court of Shri Sumeet Makkar, Civil Judge (Junior Division), Patiala are ordered to be heard together and tried by the same Court in accordance with law. Disposed of accordingly. Copy of the order be placed on the connected file. (Nirmaljit Kaur) Judge 04.02.2011 mohan