Criminal Misc. No.27984-M of 2001 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No.27984-M of 2001
Date of Decision: 8.7.2008
Jagdish Ram and Another
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Naresh Kaushal, Advocate
for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for the respondent-State.
Kanwaljit Singh Ahluwalia, J. (Oral)
Counsel for the petitioner contends that on the alleged date of
incident when complainant stated that the money was parted and
received by the petitioner, he was not in India. To fortify this, petitioner
relied upon copy of the passport.
I am afraid that this contention of the petitioner is to be
substantiated by leading evidence and in petition under Section 482
Cr.P.C., copy of the passport cannot be taken as evidence.
Confronted with these observations, counsel for the petitioner
submits that he be allowed to raise all these arguments before the trial
Court at appropriate stage.
At this stage, counsel for the State submits that in the present
Criminal Misc. No.27984-M of 2001 2
case, report under Section 173 Cr.P.C. was submitted. The case is ripe
for consideration of charge. Liberty is granted to the petitioner to call
upon the complainant to admit or deny relevant entry in the passport
within the ambit of Section 294 Cr.P.C.
Trial Court, after hearing arguments on consideration of
charge, may take this fact into consideration. Counsel for the State
further submits that in the present case, FIR was registered in May
2001. The petitioners are in corridors of the Court for the last eight
years. Therefore, they seek that their personal appearance may be
exempted before the trial Court.
I find merit in this contention. Taking into account long
pendency of the present petition in this Court, interest of justice will be
served in case personal appearance of the petitioners shall be
exempted before the trial Court, subject to their filing an undertaking that
they shall cause appearance as and when called for by the trial Court
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 these observations, the present petition is disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
July 8, 2008
“DK”