The High Court rejected the petitioners' application for quashing the FIR and proceeding, observing that the trial has advanced with witnesses examined and cross-examination pending, making quashing inappropriate at this stage. The plea was dismissed but petitioners retain liberty to raise pleas before the trial court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 12403 of 2011
DATE OF DECISION: November 29, 2011
Hawa Singh & another
.....Petitioners
VERSUS
State of Haryana & another
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. Parmod Chauhan, Advocate for the petitioners.
Mr. Saurabh Mohanta, DAG, Haryana, for the State.
Mr. Chander Has Yadav, Advocate, for respondent No.2.
RANJIT SINGH, J.
Not only charge has been framed in this case, but the trial has made progress. Two witnesses have been examined, who are yet to be cross-examined. At this stage, no case for quashing is made out.
Dismissed. However, the petitioners would be at liberty to raise all the pleas before the trial Court.
November 29, 2011 ( RANJIT SINGH ) monika JUDGE
2 issues framed by the court
Whether the order of framing charge and examination of witnesses bars an application for quashing of FIR under Section 482 CrPC.
Whether the present stage of trial precludes the maintenance of the quashing petition.
Hawa Singh & another
State of Haryana & another
RANJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
