High Court of Punjab and Haryana, Chandigarh
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Teja Singh & Ors v. State of Punjab & another - CRM-19128-m-2005  RD-P&H 4162 (14 July 2006)
Teja Singh & others vs State of Punjab & another Present : Mr.Avnish Mittal, Advocate,
for the petitioners.
Mr.B.S.Baath, AAG, Punjab.
Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing the order dated 11.8.2003 (Annexure P-1), passed by the Sub Divisional Judicial Magistrate, Amloh, framing charges against the petitioners, as also the order dated 17.12.2004 (Annexure P-2), passed by the Sessions Judge, Fatehgarh Sahib, dismissing the revision, filed by the petitioners.
I have heard learned counsel for the parties and perused the record.
The order, framing charges, does not suffer from any error of jurisdiction, illegality or such perversity as would warrant interference by this Court, in the exercise of powers, under Section 482 of the Cr.P.C. The trial Court held that a prima facie case for charging the petitioners for forgery etc. was made out and, therefore, proceeded to frame charges against them. The revisional Court has rightly upheld the order of the trial Court. Consequently, the present petition is dismissed.
The personal appearance of the petitioners, before the trial Court, shall remain exempted, provided they file an affidavit, undertaking to appear, before the trial Court, as and when so directed. Liberty is granted to appear through counsel.
It is made clear that in case the petitioners do not appear, before Crl.Misc.No.19128.M of 2005 : 2 :
the trial Court, as and when so directed, the trial Court would be at liberty to proceed, in accordance with law.
( RAJIVE BHALLA )
July 18, 2006. JUDGE
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