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HIRA LAL GOYAL & ORS versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Hira Lal Goyal & Ors v. State of Punjab & Ors - CRM-22094-m-2006 [2006] RD-P&H 4667 (24 July 2006)

Crl.M.No. 22094 M OF 2006.

******

Hira Lal Goyal & others vs State of Punjab & another Present : Mr.R.S.Bains, Advocate,

for the petitioners.

Mr.B.S.Baath, AAG, Punjab.

Mr.Sandeep Wadhawan, Advocate,

for respondent No.2.

*******

Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing of the order dated 8.2.2006 (Annexure P-1), dismissing the application for discharge, as also FIR No.426, dated 14.10.2001, registered under Sections 447, 506, 34 of the IPC, at Police Station Division No.5, Ludhiana on the ground that it does not disclose the commission of any offence.

Counsel for the respondents submit that as charges have been framed, the pleas, raised in the present petition, which are disputed questions of fact, should not be adjudicated by this Court, in the exercise of powers, under Section 482 of the Cr.P.C.

I have heard learned counsel for the parties and perused the record.

In view of the fact that charges have been framed, and as disputed questions of fact are involved, the present petition is disposed of with liberty to the petitioners to raise all the pleas, raised herein, before the trial Court, at an appropriate stage.

However, as the FIR was registered as far back as 14.10.2001, and as charges have been framed on 8.2.2006, the trial Court is directed to Crl.Misc.No.22094.M of 2006 : 2 :

make every endeavour to conclude the trial expeditiously, preferably within a period of one year from the next date of hearing.

The personal appearance of the petitioners, before the trial Court, shall remain exempted, subject to their filing an affidavit, in the following terms :-

(i) undertake to appear, before the trial Court, as and when so directed;

(ii) undertake that they would have no objection if the evidence is recorded in their absence;

(iii) undertake not to raise any dispute as to identity; (iv) undertake to comply such other conditions, as may be imposed by the trial Court.

Liberty is granted to appear through counsel.

It is made clear that the petitioners would be bound by the affidavit and such conditions, as the trial Court may deem appropriate. In case, the petitioners violate the terms and conditions of the affidavit, or such other terms and conditions, as may be imposed by the trial Court, the trial Court shall be at liberty to proceed against the petitioners, in accordance with law.

( RAJIVE BHALLA )

August 02, 2006. JUDGE

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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