CRIMINAL MISCELLANEOUS None on 18 December 2007

IN THE HIGH COURT FOR THE STATES OF PUNJAB ANDHARYANA AT CHANDIGARH

Crl. Misc. No.M-6286 of 2008 Date of decision: September 21, 2010.

Saudan Singh & Ors.

...Petitioner(s)

v.

Sughar Singh...Respondent(s)

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:Shri Kuldip Sanwal , Advocate, for the petitioner(s).Shri Ashok Sharma, Advocate for the respondent.

, J. (Oral):

Kanwaljit Singh Ahluwalia

The present petition has been filed under Section 482 Cr.P.C.,seeking quashing of complaint No.159 dated 13.8.2007, titled as “SugharSingh v. Saudan Singh & Ors.”, pending in the court of JMIC, Ludhiana,(Annexure P-1), summoning order dated 18.12.2007 (Annexure P-2) and thesubsequent proceedings.

A primary grievance has been made that the trial court has noterritorial jurisdiction to try the petitioner as the offence, if any, is made outat Aligarh. This Court, on 14.5.2008, had declined the prayer to stay theproceedings. However, on 14.11.2008, personal appearance of thepetitioners was exempted subject to the conditions to be imposed by the trialcourt.

By now, the trial must have made a much headway. It is wellsettled legal position that once evidence has started, the trial has toculminate in conviction or acquittal. Therefore, the present petition isdisposed of with liberty to the petitioners to raise all the pleas, including theterritorial jurisdiction to try the petitioners, before the trial court at anappropriate stage. However, personal appearance of the petitioners beforethe trial court shall remain exempted in pursuance of order dated 14.11.2008subject to any conditions which the trial court may like to impose upon thepetitioners.

[Kanwaljit Singh Ahluwalia]Judge