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High Court of Punjab and HaryanaCRM-M/34056/2022disposed of

Mohan Lal Kaushik v. State Of Haryana

2024-01-29Mr. Justice Anoop Chitkara2 pages

CRM-M-34056-2022 (O&M) 2024:PHHC:011415

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34056-2022 (O&M) Decided on: 29.01.2024 Mohan Lal Kaushik

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Pawan Kumar, Sr. Advocate with Mr. Shailender Mohan, Advocate Mr. Surya Kumar, Advocate and Ms. Vidushi Kumar, Advocate for the petitioner.

Mr. Deepak Sabharwal, Addl. AG, Haryana with Mr. Vikrant Pamboo, Sr. DAG, Haryana.

**** ANOOP CHITKARA, J.

1.

Seeking quashing of the impugned order dated 25.07.2022 passed by the Sessions Judge, Hisar, vide which the petitioner has been directed to appear in the Court on 10.08.2022 in violation of order dated 21.05.2019 passed by this Court in CRM-M27521-2017, as no sanction has been received from the competent authority till that date, the petitioner had come up before this Court by filing the present petition under Section 482 CrPC.

2.

Counsel for the State handed over reply dated 27.01.2024 in the Court, which is taken on record and copy thereof supplied to the petitioner. He submits that now sanction has been received from the government which render the present petition infructuous.

3.

Counsel for the petitioner submits that the present petition is pending for more than one year and sanction order is under challenge in a civil writ petition, therefore, he wants to withdraw this petition with clarification that the petitioner be permitted to appear before the concerned Court through video conferencing. 4.

Given above, it is clarified that when the concerned Court finds that petitioner's personal appearance is necessary and petitioner is unable to appear physically, he is at ANJU RANI 2024.01.30 14:08 I attest to the accuracy and integrity of this document

CRM-M-34056-2022 (O&M) 2024:PHHC:011415 liberty to file an application to appear through video conferencing, by mentioning the reasons for non-appearance and trial Court shall accord him such permission in accordance with law. It is clarified that the petitioner shall not claim any prejudice in this regard in any Court. It is further clarified that the petitioner shall not take any adjournment before the trial Court except of exceptional circumstances. 5.

Petition is disposed of as withdrawn with the aforesaid observations. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 29.01.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.01.30 14:08 I attest to the accuracy and integrity of this document