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CRM-M-45894-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.130
CRM-M-45894-2025(O&M) Date of decision: 22.08.2025
Buta Singh Pasla
..... Petitioner
VERSUS
State of Punjab
..... Respondent
CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. S.S. Makkar, Advocate for the petitioner and Petitioner in person.
Mr. J.S. Rattu, DAG, Punjab.
***** SANDEEP MOUDGIL, J. (ORAL)
1
The jurisdiction of this Court has been invoked under Section 528 of BNSS 2023 for quashing of order dated 11.8.2025 Annexure P-2 passed by the learned JMIC, Jagraon Ludhiana wherein the application filed by the petitioner for dispense with the personal attendance of the petitioner and permit him to appear through his advocate for the purpose to continue his job in UK has been dismissed in FIR No.107 dated 9.11.2023 U/S 452, 148, 149 of IPC registered at P.S. Sudhar, District Ludhiana.
2.
Learned counsel for the petitioner limits his request to quashing the order dated 11.8.2025 (Annexure P2). He submits that the petitioner had filed an application before the trial court seeking exemption from personal attendance, allowing him to appear through his advocate to continue his job in the UK. However, the trial court dismissed this application. The counsel argues that the petitioner works in the UK to support himself and his son, RAMANDEEP SINGH 2025.08.25 14:44 I attest to the accuracy and integrity of this document
CRM-M-45894-2025 (O&M) 2
and due to the pending FIR, he's facing difficulties in retaining his job, having received a warning letter from his office.
3.
Notice of motion.
4.
On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State. He vehemently opposes the prayer made in the present petition stating that the petitioner has evaded the process of law and is thereby, entitled to no protection or any kind of exemption from this Court. He further argues that the petitioner’s employment abroad does not exempt him from his obligation to comply with the legal process and attend Court proceedings. Moreover, prolonged absence of the petitioner has caused significant delay in the trial, prejudicing the interests of justice.
5.
After learned counsel for the parties and considering the facts and circumstances of the case, particularly, the petitioner’s employment abroad and the hardships caused by him due to repeated personal appearances, this Court is of the view that ends of justice, would be met, if the impugned order dated 11.8.205 is set aside.
6.
Accordingly, the present petition is allowed, the impugned
order dated 11.8.2025 is quashed. The petitioner is permitted to be represented through his counsel before the trial Court in proceedings arising out of FIR No.107 dated 9.11.2023 U/S 452, 148, 149 of IPC registered at P.S. Sudhar, District Ludhiana. The abovesaid concession shall, however, be subject to the petitioner a sum of 1,000 UK ponds as compensatory penalty to be deposited with the Punjab and Haryana High Court Bar Clerk RAMANDEEP SINGH 2025.08.25 14:44 I attest to the accuracy and integrity of this document
CRM-M-45894-2025 (O&M) 3
Association, Chandigarh. A receipt of the said deposit shall be produced before the Trial Court and within a period of two weeks.
7.
However, it is made clear that the said amount shall not be treated as cost of these proceedings but as a compensatory penalty for the delay caused in the trial due to the prolonged absence of the petitioner.
8.
The learned trial Court shall ensure compliance of the above directions and proceed with the trial in accordance with law.
Pending miscellaneous application(s), if any, also stands
disposed of.
(SANDEEP MOUDGIL)
JUDGE 22.08.2025 Ramandeep Singh
Whether speaking / reasoned
Yes / No
Whether Reportable
Yes/ No RAMANDEEP SINGH 2025.08.25 14:44 I attest to the accuracy and integrity of this document