High Court of Punjab and HaryanaCRM-M/3838/2023allowed

Kanuboyina Paavan v. Central Bureau Of Investigation

2023-01-25Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3838-2023 Date of Decision: 25.01.2023 Kanuboyina Paavan ......... Petitioner

Versus

Central Bureau of Investigation ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Tek Tejinder Pal Singh, Advocate for the petitioner. Ms. Meghna Malik, Advocate for Ms. Shubhra Singh, Advocate for the respondent-CBI. **** ANOOP CHITKARA, J. (ORAL) The limited prayer for which the petitioner, who is resident of Tirupati (Urban), Chittor, Andhra Pradesh, has come up before this Court is to seek exemption from personal appearance before the trial Court on the ground that he is resident of Andhra Pradesh and he is unable to attend trial Court on each and every date because distance is so long and he has to spend a lot of money on every date. The nature of the order this Court proposes to pass, no notice is required to be issued to the respondent/CBI because no prejudice is likely to cause to anybody. At this stage, counsel for the petitioner submits that he would not claim any prejudice in case witnesses are examined in his absence or proceeding recorded in his counsel presence.

Given the statement of counsel for the petitioner, on this ground alone, the present petition is allowed. The petitioner is exempted from personal appearance before the trial Court and is permitted to appear through counsel on all dates except at the time of recording of statement under Section 313 Cr.P.C, for his evidence in defence if he wants to appear and at the time of pronouncement of final judgment. It is clarified that the petitioner-accused shall not claim any prejudice in this regard in any Court. It is further clarified that the petitioner shall not take any adjournment before the trial Court except of exceptional circumstances.

Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 25.01.2023 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.01.30 09:40 I attest to the accuracy and integrity of this order/judgment.