Ashok Sachdeva v. State Of Punjab

2023:PHHC:059152

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6028-2021 (O&M) Date of Decision: 26.04.2023 Ashok Sachdeva ......... PeƟƟoner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present

Mr. Vikram Chaudhri, Senior Advocate with Mr. Parvez Chaudhary, Advocate and Ms. Hargun Sandhu, Advocate for the peƟƟoner. Mr. Virat Rana, AAG, Punjab.

Mr. Vaibhav Narang, Advocate for the applicant in CRM-22590-2021. Mr. Umesh Aggarwal, Advocate for Mr. Prateek Sodhi, Advocate for respondents No. 3 and 4. Mr. Rajiv Malhotra, Advocate for the complainant. **** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 18.01.2021 Raja Sansi, Amritsar 406, 420, 120-B IPC CRM-22594-2021 This is an applicaƟon for impleading applicant- Varun Kumar Sachdeva as respondent in this case.

In view of the contents and prayer clause of the applicaƟon, the same is allowed. Applicant-Varun Kumar Sachdeva is impleaded as respondent. Amended memo of parƟes is taken on record.

CRM-M-6028-2021 (O&M) Short reply dated 25.04.2023 filed by State counsel today in the Court is taken on record.

2.

Vide order dated 12.10.2021, a co-ordinate Bench of this Court had granted interim relief to the peƟƟoner subject to compliance of orders menƟoned therein. JYOTI 2023.04.28 14:52 I attest to the accuracy and integrity of this order/judgment.

CRM-M-6028-2021 (O&M) 2023:PHHC:059152 3.

Counsel for the peƟƟoner submits that all the condiƟons have been complied with and even the assets have been declared.

4.

However, on the contrary the arguments on behalf of contesƟng respondents/complainant are that assets were wrongly declared and peƟƟoner has put himself liable to be proceeded for perjury. A separate applicaƟon in this regard has already been filed.

5.

On this, Mr. Vikram Chaudhri, Senior Advocate on instrucƟons submits that whatever assets the peƟƟoner had, have already been declared and in case, the contesƟng respondents come across any other assets which have not been declared, in that eventuality, the peƟƟoner shall certainly be liable for perjury. Simply because the assets declared are less than the anƟcipaƟon of the contesƟng respondents, it would not imply that the assets were not rightly declared.

6.

Be that as it may, the peƟƟoner, who is aged 73 years and is stated to be suffering him old age ailments like diabeƟc, bye pass surgery and connected issues, there is no allegaƟons that he tried to influence the witness in further invesƟgaƟon of the case. 7.

Given above, the present peƟƟon is allowed and interim order dated 12.10.2021 is made absolute. All pending miscellaneous applicaƟons, if any, stand disposed of. CRM-34481-2022 stands disposed of with liberty to file fresh peƟƟon, if need arises. (ANOOP CHITKARA) JUDGE 26.04.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.04.28 14:52 I attest to the accuracy and integrity of this order/judgment.