Criminal Misc. No. M-992 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-992 of 2009
Date of Decision: 14.1.2009
Baljit and Others
...Petitioners
Versus
Gurdial Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Baljinder Singh and Mr. K.S. Dhaliwal, Advocates
for the petitioners.
Kanwaljit Singh Ahluwalia, J. (Oral)
Disputed questions of fact are involved. No ground for
quashing of complaint dated 22.9.2005 (Annexure P8) and summoning
order dated 2.9.2008 (Annexure P9) is made out. However, learned
Additional Chief Judicial Magistrate, Kurukshetra, had not summoned
the petitioners under Sections 379, 382, 380, 392, 395, 430, 427, 440,
445, 188 & 506 of the Indian Penal Code along with Section 3(iv) of
Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
Petitioners have been summoned for offence under Section 379 of the
Indian Penal Code and Sections 3(v)(x) and 3(2)(vii) of Scheduled Caste
& Scheduled Tribe (Prevention of Atrocities) Act, 1989, read with
Sections 148 & 149 of the Indian Penal Code.
Counsel for the petitioners submit that most of the allegations
have not been believed by the Summoning Court. Counsel further
Criminal Misc. No. M-992 of 2009 2
submits that in the present case, 32 persons have been arrayed as
accused and it will disturb the harmony of the village, therefore, he pray
that personal appearance of the petitioner be exempted before the trial
Court.
I find merit in this contention.
Accordingly, personal appearance of the petitioners is
exempted before the trial Court subject to filing an undertaking that they
shall cause appearance as and when required and the evidence
recorded in their absence but in the presence of their counsel shall be
binding upon them. Trial Court may also specify any other condition in
the undertaking to be furnished by the petitioners. On the furnishing of
undertaking, the personal appearance of petitioners shall stand
exempted.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
January 14, 2009
“DK”