IN THE HIGH COURT OF PUNJAB & HARYANA 116 Rajesh Mittal State of Haryana CORAM : HON'BLE MR. JUSTICE Present :- Mr. Jagat Vir Dhindsa VINOD S. BHARDWAJ The Bharatiya Nagarik Suraksha Sanhita, 2023 for complaint COMA NO. 215/2019, dated 30.08.2019 titled as ‘State Tax, Excise and Taxation Officer, Panipat V staying further proceedings in the said complaint during the pendency of the present petition. It has further been prayed exemption of personal appearance in the Court the complaint had been filed 6 years stage as only one witness has been examined till date. 2. Learned counsel that he does not press the petition for seeking quashing of the FIR and the consequential pro petitioner has undergone and that the total sentence which may eventually be awarded, in the event of the petitioner being held guilty is a maximum of despite the trial continuing for last six years, only one witness has been IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-51714 Date of decision: VERSUS Haryana and another HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. Jagat Vir Dhindsa, Advocate, for the petitioners. ***** VINOD S. BHARDWAJ, J. (Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for complaint COMA NO. 215/2019, dated 30.08.2019 titled as ‘State Tax, Excise and Taxation Officer, Panipat Vs. Rajesh Mittal and others r proceedings in the said complaint during the pendency of the present petition. It has further been prayed that the petitioner may be granted exemption of personal appearance in the Court the complaint had been filed 6 years ago and the trial is still at a nascent stage as only one witness has been examined till date. Learned counsel appearing on behalf of the he does not press the petition for seeking quashing of the FIR and the consequential proceedings arising therefrom. He however contends that petitioner has undergone an actual sentence of two years and eight months and that the total sentence which may eventually be awarded, in the event of the petitioner being held guilty is a maximum of despite the trial continuing for last six years, only one witness has been IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 51714-2025(O&M) Date of decision: 16.09.2025 ...Petitioner ...Respondents VINOD S. BHARDWAJ , Advocate, for the petitioners. been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of criminal complaint COMA NO. 215/2019, dated 30.08.2019 titled as ‘State Tax, s. Rajesh Mittal and others’ and for r proceedings in the said complaint during the pendency of the that the petitioner may be granted keeping in view the fact that ago and the trial is still at a nascent stage as only one witness has been examined till date. appearing on behalf of the petitioner contends he does not press the petition for seeking quashing of the FIR and the ceedings arising therefrom. He however contends that the sentence of two years and eight months and that the total sentence which may eventually be awarded, in the event of the petitioner being held guilty is a maximum of five years. He submits that despite the trial continuing for last six years, only one witness has been ...Respondents SUMIT SINGH GUSAIN 2025.09.17 19:19 I attest to the accuracy and integrity of this document 116 CRM-M-51714 examined so far. He contends that the petitioner is being threatened by co accused on each and every occasion when he appears before the Court. He thus confines his prayer only to the extent that he may be granted exemption from personal appearance in the Court on each and every date of hearing. 3. Notice of motion. 4. Dr. (Ms.) Malvika Singh, DAG, Haryana enters appearance and accepts notice on behal 5. Having heard learned counsel for the made by him, I am of the this juncture in view of the submitting an application before the trial Court for seeking exemption of personal appearance and also no objection to the recording of evidence in his absence appearance may be subject to such terms and conditions as may be deemed appropriate by the Court. He shall however be required to remain present when a specific order is passed by the Trial Court in this behalf. 6. In view of the above, the 7. Pending application(s), if any shall also stand disposed of. 16.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 51714-2025 (O&M) examined so far. He contends that the petitioner is being threatened by co accused on each and every occasion when he appears before the Court. He confines his prayer only to the extent that he may be granted exemption from personal appearance in the Court on each and every date of hearing. Notice of motion. Dr. (Ms.) Malvika Singh, DAG, Haryana enters appearance and accepts notice on behalf of the respondents-State. Having heard learned counsel for the made by him, I am of the view that the aforesaid prayer can be considered at this juncture in view of the stage of trial. Hence, in the event of the petitioner submitting an application before the trial Court for seeking exemption of personal appearance and also an undertaking to the effect that he shall have no objection to the recording of evidence in his absence appearance may be subject to such terms and conditions as may be deemed appropriate by the Court. He shall however be required to remain present when a specific order is passed by the Trial Court in this behalf. In view of the above, the present petition is disposed of. Pending application(s), if any shall also stand disposed of. (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 examined so far. He contends that the petitioner is being threatened by co- accused on each and every occasion when he appears before the Court. He confines his prayer only to the extent that he may be granted exemption from personal appearance in the Court on each and every date of hearing. Dr. (Ms.) Malvika Singh, DAG, Haryana enters appearance and State. Having heard learned counsel for the petitioner and the prayer that the aforesaid prayer can be considered at of trial. Hence, in the event of the petitioner submitting an application before the trial Court for seeking exemption of undertaking to the effect that he shall have no objection to the recording of evidence in his absence, his personal appearance may be subject to such terms and conditions as may be deemed appropriate by the Court. He shall however be required to remain present when a specific order is passed by the Trial Court in this behalf. present petition is disposed of. Pending application(s), if any shall also stand disposed of. (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.17 19:19 I attest to the accuracy and integrity of this document