← Library
High Court of Punjab and HaryanaCRM-M/33389/2021dismissed

Mithlesh Tyagi v. State Of Punjab And Another

2024-09-022 pages

CRM-M-33389 of 2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33389 of 2021 (O&M) DATE OF DECISION :- 02.09.2024 Mithlesh Tyagi

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Vibhor Bansal, Advocate for the petitioner. *** SUMEET GOEL , J.

(Oral) CRM-34134-2024 Notice of the instant application be issued to the counsel opposite.

At the asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice for respondent No. 1-State of Punjab. Mr. Agam Aggarwal, Advocate appearing for Mr. P.S. Ahluwalia, Advocate has entered appearance for respondent No. 2. For the reasons mentioned in the application, as also in view of the submissions made by learned counsel for the applicant-petitioner, the application is allowed. The date of hearing of the main case is preponed from 06.11.2024 to today itself i.e. 02.09.2024. CRM-M-33389 of 2021 Learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file afresh after laying challenge to the challan as also subsequent proceedings undertaken by the trial Court. PARVINDER SINGH 2024.09.03 12:38 I agree to specified portions of this document chandigarh

CRM-M-33389 of 2021 (O&M) The main petition is ordered to be dismissed as withdrawn. However, it is directed that personal appearance of the petitioner before the trial Court shall remain exempted subject to the following conditions :- (i) she will be represented by a counsel;

(ii) she will not delay/stall the proceedings of the trial Court; (iii) she will not dispute her identity as accused; (iv) she will have no objection if the prosecution evidence is recorded in her absence but in presence of her counsel; (v) she will appear before the trial Court as and when required by the trial Court and any other condition which the trial Court may impose.

The petitioner shall file an affidavit before the concerned trial Court stipulating above conditions.

(SUMEET GOEL) JUDGE 02.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.09.03 12:38 I agree to specified portions of this document chandigarh