Chhinderpal Kaur And Others v. State Of Punjab And Another











 



 



 






































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1.

Prayer in the present petition filed under Section 528 of BNSS, 2023 is for quashing of cross Rapat No.25 dated 23.05.2024 registered under Sections 323, 342, 149 of IPC, 1860 (Annexure P-1) and further added offence under Sections 379-B, 447 and 511 of IPC at the time of presentation of challan under Section 173  

in case bearing FIR No.059 dated 22.05.2024 registered under Sections 447, 511, 354, 506, 323 and 34 of IPC (Annexure P-2).

2.

Learned counsel for the petitioners submits that the cross-version case has been registered by the jurisdictional police authorities as a counterblast to the FIR lodged by the petitioners prior in time. He wishes to withdraw the present petition and seeks liberty to raise all the pleas taken in the present petition, at the appropriate stage, during the course of trial and confines his prayer to the extent that out of five petitioners, four are ladies and attending MANISHA 2025.07.16 10:44 I attest to the accuracy and integrity of this document








the trial on each and every date would cause great inconvenience and hardship to them.

3.

The instant petition is dismissed as withdrawn with the liberty as prayed for. However, in view of the ratio laid down by this Court in CRM-M25963-2023 titled as 'Suresh Kumar and another Vs. The State of Haryana and another' 2023 (2) Law Herald 1498, the personal appearance of the petitioners before the learned trial Court is ordered to be exempted, subject to the following conditions:- i) petitioners shall be represented through their counsel; ii) shall not delay/stall the trial proceedings;

iii) shall not dispute their identity as accused;

iv) shall have no objection if the prosecution evidence is recorded in their absence but in the presence of their counsel;

v) shall appear before the trial Court as and when required; and vi) any other condition, which the trial Court may impose.























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MANISHA 2025.07.16 10:44 I attest to the accuracy and integrity of this document