Harbans Singh v. The State of Punjab & Ors.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harbans Singh Crl. Misc. No.M-6600 of 2008 Date of decision : 10.05.2010 .... Petitioner VERSUS The State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. C.S. Bakshi, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab, for respondent nos.1 to 6. Mr. Yogesh Goyal, Advocate, for respondent no.7. KANWALJIT SINGH AHLUWALIA, J. (Oral) During the course of arguments, it transpires that the impugned FIR was investigated and the report under Section 173 Cr.P.C. was submitted. Counsel for the petitioner prays that he be permitted to withdraw this petition with liberty to raise all arguments before the trial Court at appropriate stage. As prayed, dismissed as withdrawn with liberty aforesaid. Counsel for the petitioner has further submitted that petitioner is an old man and the FIR was registered in the year 2006 and a period of 4 years is going to elapse. Taking into consideration the old age and the long Crl. Misc. No.M-6600 of 2008 -2- pendency of the litigation, personal appearance of the petitioner before the trial Court is exempted subject to his filing an undertaking that he shall cause appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his absence but in the presence of his counsel shall be binding upon him. The trial Court may also incorporate any other condition in the undertaking to be submitted by the petitioner.

10.05.2010 (KANWALJIT SINGH AHLUWALIA) JUDGE