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