High Court of Punjab and HaryanaCRM-M/29022/2019disposed of

Yeluri Hari Prasad And Others v. State Of Punjab

2019-07-11Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.29022 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.29022 of 2019 Decided on: 11.07.2019 Yeluri Hari Prasad and others ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. B.S. Bhalla, Advocate for the petitioners.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for quashing of criminal complaint bearing No.378 dated 30.08.2018 (Annexure P-6) and for setting-aside the summoning order dated 30.08.2018 (Annexure P-7) as well as all the subsequent proceedings arising therefrom. Learned counsel for the petitioners, at the very outset, submits that he may be permitted to withdraw the present petition with liberty to the petitioners to move an application for discharge along with all the supporting documents and personal appearance of the petitioners before the trial Court may be exempted permanently during pendency of the trial.

After hearing learned counsel for the petitioners, this petition is disposed of, by granting exemption from personal appearance to the petitioners before the trial Court subject to the following conditions: - (i) they will be represented by a counsel;

(ii) they will not delay/stall the proceedings of the trial MOHD YAKUB 2019.07.11 16:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.29022 of 2019 Court;

(iii) they will not dispute their identity as an accused; (iv) they will have no objection if the prosecution evidence is recorded in their absence but in presence of their counsel;

(v) they will appear before the trial Court as and when required by the trial Court and any other condition which the trial Court may impose.

In case, the petitioners file an application for discharge within a period of 15 days from today, the trial Court will decide the same expeditiously in accordance with law, preferably within a period of 03 months from the date of receipt of certified copy of this order. Disposed of, accordingly.

(ARVIND SINGH SANGWAN) JUDGE 11.07.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.07.11 16:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh