Criminal Misc. No. M-47587 of 2007 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-47587 of 2007
Date of Decision: 21.4.2009
Lalita Rani
...Petitioner
Versus
State of Haryana and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Hemant Bassi, Advocate
for the petitioner.
Mr. S.S. Mor, Senior Deputy Advocate
General, Haryana, for the State.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C.
praying that FIR No. 218 dated 30.5.2007 registered at Police Station
Civil Lines, District Karnal, under Sections 406, 498-A & 506 IPC, be
quashed.
Petitioner is stated to be sister of the husband of complainant.
It is further stated that she is having separate residence. In the FIR
specific allegations have been levelled against her.
Counsel for the State has submitted that in the present case,
report under Section 173 Cr.P.C. has been filed and case is fixed for
framing of charge on 9.5.2009. Counsel for the State has relied upon
para 2 of the preliminary submissions and has submitted that there are
Criminal Misc. No. M-47587 of 2007 2
specific allegations against the petitioner.
In view of this, counsel for the petitioner pays that he be
permitted to withdraw the present petition to raise all arguments before
the trial Court at appropriate stage.
As prayed, the present petition is dismissed as withdrawn with
liberty aforesaid.
Counsel for the petitioner further submits that petitioner was
married prior to the marriage of her brother with the complainant and
she is having two children and is having separate residence. It is further
submitted that she is employed as a Teacher in the Government Senior
Secondary School. Counsel further submits that taking these facts into
consideration, personal appearance of the petitioner be exempted
before the trial Court.
I find merit in this contention of counsel for the petitioner.
Accordingly, personal appearance of the petitioner is
exempted before the trial Court subject to filing an undertaking that she
shall cause appearance as and when required and the evidence
recorded in her absence but in the presence of her counsel shall be
binding upon her. Trial Court may also specify any other condition in the
undertaking to be furnished by the petitioner. On the furnishing of
undertaking, the personal appearance of petitioner shall stand
exempted.
(Kanwaljit Singh Ahluwalia)
Judge
April 21, 2009
“DK”