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High Court of Punjab and HaryanaCRM-M/26822/2024disposed of

Kiran Bala v. State Of Haryana And Another

2024-08-12Mr. Justice Anoop Chitkara2 pages

CRM-M-26822-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.26822 of 2024 (O&M) Date of Decision: 12.08.2024 Kiran Bala

...Petitioner

Versus

State of Haryana and Another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kapish Singla, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana.

**** ANOOP CHITKARA, J.

Case No.

CHI/ 212/ 2018 titled as "State of Haryana Vs. Kiran Bala" FIR No.

Dated Police Station Sections 27.10.2017 Radaur, District Yamuna Nagar 420, 506 IPC, 1860 Seeking transfer of trial of above referred case in the FIR captioned above, the petitioner had come up before this Court under section 407 read with Section 482 Cr.P.C.. 2.

The petitioner seeks transfer of the said case on the ground that she is a resident of Sonipat and is currently residing at Delhi and as such, the trial be transferred to Sonipat. 3.

After arguing for some time, petitioner's counsel submits that he would be contented and satisfied if the petitioner be permitted to appear through video conferencing or through her counsel on all dates except when her personal appearance is required by the trial Court.

4.

Notice served upon the official respondent through State counsel. The nature of order this Court proposes to pass is such that no response is required from the private respondent(s) as respondent No.2-Ashok Kumar is not going to be affected in any manner Sonia Puri 2024.08.14 13:19 I attest to the accuracy and integrity of this document

CRM-M-26822-2024 whatsoever.

5.

In the entirety of facts and circumstances of the case and more particularly that the FIR was registered based on the complaint made by the petitioner's husband and she is a woman, the present petition is disposed of with liberty to the petitioner to appear through video conferencing or through her counsel on all dates except when her personal appearance is required by the trial Court, subject to the condition that her counsel shall appear on her behalf on each and every date and shall not seek any unnecessary adjournment. It is further clarified that she shall not claim any prejudice at any stage of proceedings for her appearance through her counsel or through video conferencing or in any manner whatsoever . It is clarified that as and when trial Court asks for her appearance, she shall appear on the date given without any excuse and her counsel shall represent her on each and every date of hearing. Any violation on her part would lead to recalling of this order under Section 403 BNSS, 2023 without any further reference to this Court.

Petition stands disposed of with observations mentioned above.. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 12.08.2024 Sonia Puri Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.08.14 13:19 I attest to the accuracy and integrity of this document