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Judgment
5 paragraphs · 249 wordsM.L. Koul, J. (Oral)
I have heard the learned counsel for the petitioners at length.
On the registeration of the case, the investigation in the matter has been completed and the challan has been filed before a competent Court of law. This Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226, 227 of the Constitution of India, is not competent to quash the proceeding where the investigation is complete and the challan has been filed before a competent Court of law. It may be a good case for the accusedpetitioners to seek discharge before the trial Court who being in seisin of the case has to charge or discharge the accused petitioners after going through the statements recorded under Section 161 Cr.P.C and other evidence collected by the police so as to find out whether any case is made out against the accusedpetitioner or not. So, the question of quashing the proceedings does not arise, and the petition is dismissed.
However, while parting with the file it is observed that as the petitioners are very old people and are not in a position to appear in the Court on each and every date of hearing, therefore, it is desired that the learned trial Court may exempt their personal appearance before him unless required under law on some dates on the application to be moved by them before him.
Copy of the order be given dasti.