In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.2827 of 2009 (O&M) Date of decision: 18.2.2009 Balwinder Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Sanjay Gupta, Advocate, for the petitioner. **** SABINA, J. CRM No.8467 of 2009 Application for preponment of CRM -M No.2827 of 2009 is allowed. The main case is taken up for hearing today itself. CRM -M No.2827 of 2009 This petition has been filed under Section 482 of the Code of Criminal Procedure (“Cr.P.C.” for short) for issuance of direction to respondent No.2 to record the statements of the petitioner-complainant and witnesses under Section 161 Cr.P.C. correctly or to take affidavits in token of correctness in case FIR No.202 dated 29.12.2008 registered under Sections 406, 420 of the Indian Penal Code in Police Station City, Nawanshahr and to make Criminal Misc. No.2827 of 2009 (O&M) -2- the same as part of investigation as respondent No.4, after recording the statements under Section 161 Cr.P.C. on 30.12.2008, has not made them a part of the case record. It has been further prayed that respondent No.3 in order to save accused moved an application before illaqa Magistrate on 3.1.2009 for discharge of all the accused without arresting them stating therein that the complainant and other witnesses are not making their statements and also got released one accused arrested in this case. Learned counsel for the petitioner has submitted that the petitioner was opposing the application for discharge moved by the prosecution before the Magistrate but he had the apprehension that the discharge application might be accepted on the ground that the statements of the complainant and witnesses were not there on record, whereas, the petitioner was ready to make the statement under Section 161 Cr.P.C. or to furnish an affidavit in this regard. Since the matter in question is already seized by the Magistrate, this petition is disposed of with a direction that the petitioner would be at liberty to raise all the pleas raised by him in this petition before the Magistrate to oppose the application for discharge of the accused and the learned Magistrate shall consider the same and pass the order in accordance with law. (SABINA) JUDGE February 18, 2009 anita