Waseem @ Boller v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 03.11.2025 WASEEM @ BOLLER .....PETITIONER

VERSUS

STATE OF HARYANA .....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Ms. Shweta Bawa, Advocate, and Mr. Naveen, Advocate, for the petitioner.

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

SANJAY VASHISTH, J (ORAL) 1.

Criminal Misc. Application bearing No.CRM-43349-2025, under Section 528 of BNSS, has been filed seeking preponement of the date of hearing in the main case, seeking withdrawal of the main case i.e. CRM-M-53307-2024, which is listed for 13.01.2026. 2.

Counsel for the applicant/petitioner submits that the main petition is presently fixed for hearing on 13.01.2026. However, certain incorrect facts were inadvertently stated before this Court by the earlier counsel, and thus, applicant/petitioner now wishes to withdraw the main petition with liberty to file a fresh one with correct and complete particulars. Therefore, it is prayed that hearing of the main case be preponed from 13.01.2026 to an earlier date to enable the applicant/petitioner to formally withdraw the same. For this purpose,

-2another application, CRM-43350-2025, has already been filed by the applicant/petitioner seeking withdrawal of the main petition. 3.

Notice in both the applications.

4.

Mr. Kanwar Sanjiv Kumar, AAG, Haryana, who is present in Court, accepts notice on behalf of the non-applicant/respondent - State and pleads no objection to the prayer made therein. 5.

Considering the submissions advanced by counsel for the parties, date of hearing in the main case is preponed from 13.01.2026 to today itself, i.e., 03.11.2025, and the same is taken on board for disposal. 6.

Averments mentioned in paragraph No.2 of the application i.e. CRM-43350-2025, i.e. seeking withdrawal of the main case with liberty to file a fresh one on the same cause of action, are reproduced here under:- "That the applicant is filing present application for the withdrawal of the main case with the liberty to file fresh one because there are some inadvertent mistakes in the same. In the memo of parties mistakenly it has been stated that the petitioner never remained PO but as a matter of fact, earlier the petitioner has been declared PO and, thus, the applicant want to file the fresh application detailing all facts, moreover, all material witnesses stands examined and the applicant wants to annex all the certified copies of all the testimonies with the petition, therefore, the applicant humbly urges for the preponement of the main for the purpose of withdrawal of the same with the liberty to file fresh one on same cause of action."

-37.

Considering the averments mentioned in application, i.e. CRM-43350-2025, prayer made therein is allowed. 8.

As a necessary corollary, the main petition i.e. CRM-M53307-2024 is dismissed as withdrawn, with liberty to file a fresh one with complete, correct and better particulars. 9.

Both the criminal Misc. applications also stand disposed of. (SANJAY VASHISTH) 03.11.2025 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No