Crl. Misc. No. M-37312 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc M-No.37312 of 2011 Date of Decision: December 13, 2011 Pawan Kumar and another …..Petitioners Vs. State of Punjab and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Anil Shukla, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) On the basis of the material gathered by the prosecution agency, the petitioners have been challaned. Counsel for the petitioners submits that no offence is made out against the petitioners as per the allegations in the FIR or as per the material forming part of the report under Section 173 (2) Cr.P.C. Counsel for the petitioners, on the basis of the report under Section 173 (2) Cr.P.C. wants this Court to appreciate that no offence is made out under the Sections under which the FIR has been registered. Crl. Misc. No. M-37312 of 2011 [2] This Court is of the opinion that in the exercise of powers under Section 482 Cr.P.C., it will be premature to appreciate the report under Section 173 (2) Cr.P.C. especially when the case is fixed before the trial Court for framing of charges. This petition is disposed of with a direction that in case the petitioners move an application contesting the framing of charges, the trial will carefully appreciate the allegations and the material forming part of the report under Section 173 (2) Cr.P.C. and pass a speaking order in either of the cases i.e. for framing the charges or discharging the petitioners. Disposed of as withdrawn without prejudice to the rights of the petitioners to approach this Court again or to avail other legal remedies available to them. December 13, 2011 (M.M.S.BEDI) sanjay JUDGE