High Court of Punjab and HaryanaCRM-M/53629/2021allowed

Bhagat Singh v. Sanjay Kumar

2021-12-22Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53629-2021 Date of Decision : 22.12.2021 Bhagat Singh

...Petitioner

Versus

Sanjay Kumar

...Respondent

CORAM :

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Mohan Singla, Advocate for the petitioner.

**** ANOOP CHITKARA, J (ORAL) The limited prayer for which the petitioner has come up before this Court is for setting aside the impugned order dated 20.07.2019 (Annexure P-2), vide which the petitioner has been declared proclaimed person. The additional prayer made by the petitioner is stay of the said order. The explanation offered by learned counsel for the petitioner in Paragraph 6 of the petition for his non-appearance before the learned trial Court is bona fide.

Given the nature of the order, this Court proposes to pass that no instructions are required from the complainant. The petitioner has promised to appear before the concerned Court on 07.01.2022. However, in case, the petitioner for any reasons beyond his control fails to appear on 07.01.2022, then he may positively appear on 14.01.2022.

Given such promising statement by the petitioner coupled with the Covid-19 Pandemic, the impugned order dated 20.07.2019 (Annexure P-2) is hereby set aside subject to the condition that the petitioner shall appear before the concerned Court on the dates mentioned above. It is made clear that in case the petitioner fails to appear before the concerned Court on the dates mentioned above, then this order shall stand recalled under Section 362 of Cr.P.C. without any further reference of this Court. (ANOOP CHITKARA) JUDGE December 22, 2021 Manpreet Whether speaking/reasoned Yes/No Whether reportable Yes/No MANPREET SINGH 2021.12.23 16:32 I attest to the accuracy and integrity of this document