Pardeep And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 257(2) CRM-M-42420-2020 Date of Decision: 16.02.2023 Pardeep and others ......... Petitioners

Versus

State of Punjab and others ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sandeep Bansal, Advocate for the petitioners. Mr. Sinish Girdhar, AAG, Punjab.

Mr. Gaurav Mohunta, Advocate for respondents No. 2 & 3. **** ANOOP CHITKARA, J. (ORAL)
Counsel for the complainant has objected to the maintainability of the present petition on the ground that charges have been framed which was not challenged and in fact, the present petition was filed prior to framing of charges. Needless to say that once a judicial order of framing of charges is passed, then it has to be challenged separately and the FIR merges with the same. At this stage, counsel for the petitioners submits that he would be contended and satisfied in case he be permitted to raise all these points at the time of final arguments before the trial Court.

The prayer being innocuous and the same is allowed.
Given above, the present petition stand disposed of and the petitioners are permitted to refer all these points at the time of final arguments and trial Court shall refer to all of them.
It is further clarified that in case, the petitioners now want to challenge the charges, at this stage, the time for which the present petition was pending before this Court shall not be counted for the purpose of limitation.
(ANOOP CHITKARA) JUDGE 16.02.2023 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No
JYOTI 2023.02.21 09:42 I attest to the accuracy and integrity of this order/judgment.