IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. 2197-M of 1998
Date of decision: 3rd July, 2008
Jagdish Chand
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. M.S.Kohli, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General Punjab for
the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
In the present case, it has been submitted by learned counsel
for the State that report under Section 173 Cr.P.C. was submitted on 16th
September, 1998.
I have heard learned counsel for the petitioner. Disputed
questions of fact are involved in the present case, which cannot be gone
into in proceedings under Section 482 Cr.P.C. At this stage, counsel for the
petitioner submits that he may be allowed to withdraw the present petition
to raise all arguments before the trial Court at the time of framing of
charge. Counsel for the petitioner is sanguine that even from the challan
submitted, no offence is made out and he will be discharged.
Since the present petition was filed in year 1998 and
proceedings in the FIR emanated in year 1997, taking into consideration
CRM No. 2197-M of 1998 2
long pendency of the case, it will be just and appropriate in case the
personal appearance of the accused before the trial Court is exempted.
Accordingly, it is ordered that the personal appearance of the accused shall
remain exempted before the trial Court, subject to his filing an undertaking
that he shall cause his appearance as and when required by the trial Court.
He shall also file an undertaking that the evidence, if any, recorded in his
absence but in the presence of his counsel, shall be binding upon him. The
trial Court may incorporate any other conditions in the undertaking to be
submitted by the accused.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
July 3, 2008
rps