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125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24015-2025 Date of decision: 15.05.2025 Hardeep Singh ....Petitioner
Versus State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Raman Chawla, Advocate for the petitioner. Mr. Subhash Godara, Addl.A.G., Punjab.
HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.17 dated 15.01.2018 under Sections 177/419/420/465/467/468/471/120-B of IPC registered at Police Station Salem Tabri, District Police Commissionerate Ludhiana (Annexure P-5) and all subsequent proceedings arising therefrom.
Learned counsel for the petitioner wishes to withdraw the present petition with liberty to raise all the pleas taken in the present petition before the learned trial Court at appropriate stage during the course of trial. However, he confines his prayer to the extent of seeking exemption of the petitioner from personal appearance before the learned trial Court as the FIR (supra) was registered in the year 2018 and till date even charges have not been framed, as such, appearing before the learned trial Court on each and every date would cause great hardship and inconvenience to him as well as affect his livelihood. The instant petition is dismissed as withdrawn with the liberty Neha 2025.05.15 17:07 I attest to the accuracy and integrity of this document
CRM-M-24015-2025 -2- aforesaid. However, in view of the ratio laid down by this Court in CRM-M- 25963-2023 titled as ‘Suresh Kumar and another Vs. The State of Haryana and another’ 2023 (2) Law Herald 1498, the personal appearance of the petitioner before the learned trial Court is ordered to be exempted, subject to the following conditions:- i) petitioner shall be represented through his counsel; ii) shall not delay/stall the trial proceedings; iii) shall not dispute his identity as accused; iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his counsel; v) shall appear before the trial Court as and when required; and vi) any other condition, which the trial Court may impose.
(HARPREET SINGH BRAR) JUDGE 15.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.15 17:07 I attest to the accuracy and integrity of this document