T. Radha v. Central Bureau Of Investigation

2023:PHHC:063668

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22034-2023 Date of Decision: 03.05.2023 T. Radha ....PeƟƟoner

Versus

Central Bureau of InvesƟgaƟon ....Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Sumanjit Kaur, Advocate for the peƟƟoner.

Ms. Shubhra Singh, Advocate for the respondent-CBI ***** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons RC0024 10.11.2012 CBI, SPE, Chandigarh 120-B r/w 419, 420, 465, 467, 468, 471 and 511 IPC The limited prayer for which the peƟƟoner has come up before this Court to seek exempƟon from personal appearance before the trial Court on the ground that she is resident of Andhra Pradesh and she is unable to aƩend trial Court on each and every date because distance is so long and she has to spend a lot of money on every date. 2.

The nature of the order this Court proposes to pass, no noƟce is required to be issued to the respondent-CBI because no prejudice is likely to cause to anybondy. 3.

At this stage, counsel for the peƟƟoner submits that she would not claim any prejudice in case witnesses are examined in her absence or proceeding recorded in her counsel presence.

4.

Given the statement of counsel for the peƟƟoner, on this ground alone, the present peƟƟon is allowed. The peƟƟoner is exempted from personal appearance before the trial Court and is permiƩed to appear through counsel on all dates except at the Ɵme of framing of charges if not already framed, for the purpose of idenƟficaƟon, recording of statement under SecƟon 313 CrPC, for her evidence in defence if she wants to appear and JYOTI 2023.05.04 15:30 I attest to the accuracy and integrity of this order/judgment.

CRM-M-22034-2023 2023:PHHC:063668 at the Ɵme of pronouncement of final judgment. Trial Court may ask him to appear on any other hearing by passing a order, if need so arise. It is clarified that the peƟƟoner-accused shall not claim any prejudice in this regard in any Court. It is further clarified that the peƟƟoner shall not take any adjournment before the trial Court except of excepƟonal circumstances. Pending applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 03.05.2023 JyoƟ-II Whether speaking/reasoned Yes/no Whether reportable?

Yes/no JYOTI 2023.05.04 15:30 I attest to the accuracy and integrity of this order/judgment.