JUDGMENT : AJAY MOHAN GOEL, J. 1. By way of this petition filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), prayer is for quashing of FIR No. 62 of 2018, dated 07.05.2018, registered under Sections 451, 147, 504 and 506 of the Indian Penal Code (IPC), at Police Station Rohru, District Shimla, H.P. purportedly on the ground that the petitioners are not guilty of the offences alleged to have been committed by them. 2. I have heard learned Counsel for the parties and also gone through the record appended with petition. 3. Whether or nor the petitioners are guilty of the offences alleged against them is a matter of trial, and at this stage, this Court cannot arrive at the conclusion as to whether the allegations against the petitioners are correct or not. The submission of the learned Counsel for the petitioners that the provisions of Section 451 of the IPC are invoked only in a case of theft is without any merit, because the provisions of Section 451 of the IPC are applicable not only in the cases of theft but in other eventualities also. 4. I have also carefully gone through the report submitted under Section 173 of the Code of Criminal Procedure. Record further demonstrates that after the completion of investigation, challan has already been filed before the learned Court below and the matter was being taken up by the learned Court below for consideration on framing of Charge before further proceedings before the learned trial Court were stayed by this Court vide order dated 30.01.2019. 5. In my considered view, as the matter is pending consideration for the purpose of framing of the charge, at this stage, any observation made by this Court on the merit of the case may prejudice the interest of either of the parties and, therefore, as prima-facie, this Court is convinced that this is not a case wherein it can be said at this stage that the petitioners have been falsely implicated in the offences alleged to have been committed by them, this petition being devoid of merit is dismissed. Interim order dated 30.01.2019 is vacated.
Interim order dated 30.01.2019 is vacated. It is clarified that observations made by this Court in the present order are only for the purpose of adjudication of this petition and the learned trial Court shall proceed with the case uninfluenced by any observation made by this Court in the present order. 6. The petition stands disposed of in above terms, so also pending miscellaneous applications, if any.