IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.9460-M of 2008
Date of decision : 04-02-2009
Jaswant Singh and others
....Petitioners
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Divjyot S.Sandhu, Advocate,
for the petitioners.
Mr. Anter Singh Brar, DAG, Punjab.
Mr. G.K. Chawla, Advocate,
for respondent No.2.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
Counsel for the petitioner submit that case FIR No.183 dated
01-11-2007 was registered at his instance against Balwinder Singh,
Chanan Singh and Balwinder Kaur u/s 323/324/325/34 IPC.
Counsel for the petitioners submit that for the same incident,
the complaint has been instituted wherein cross version has been
projected. The grievance of the petitioner is that this complaint is highly
belated as same has been filed after 7 months. The fact of the delay
authenticity of the cross-version are to be examined by the trial Court on
the basis of the evidence adduced by the parties. Therefore the truth and
veracity of the allegations cannot be verified in a petition u/s 482 Cr.P.C.
Present petition cannot be entertained and therefore the
same is dismissed.
Taking into consideration the fact that allegation is of
causing simple injury, personal presence of the petitioners before the trial
Court is exempted subject to filing an undertaking that they shall cause
Crl. Misc. No.9460-M of 2008
-2-
their appearance as and when required by the trial Court. They shall
also file an undertaking that the evidence, if any, recorded in their absence
but in the presence of their counsel, shall be binding upon them. The trial
Court may incorporate any other conditions in the undertaking to be
submitted by the accused.
(KANWALJIT SINGH AHLUWALIA)
4-2-2009 JUDGE
manju