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High Court of Punjab and HaryanaCRM-M/62776/2024disposed of

Dara Singh Virk v. State Of Haryana And Another

2024-12-13Mr. Justice Anoop Chitkara2 pages

CRM-M-62776-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62776-2024 Decided on: 13.12.2024 Dara Singh Virk

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Sehaj Sandhawalia, Advocate for the petitioner.

Mr. Aashish Bishnoi, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 24.11.2021 Ambala Sadar, 120-B, 420, 467, 468, 471 Ambala IPC 1.

Seeking quashing of the above captioned FIR, the petitioner has come up before this Court by filing the present petition under Section 528 BNSS. 2.

After arguing for some time, counsel for the petitioner wants to withdraw the present petition with a prayer that she be permitted to file a discharge application before the trial Court and the said Court be directed to answer each and every point so raised by her in the said application. She further seeks liberty that if such application is filed before passing of orders on the framing of charges, application be decided on merits. 3.

Given above, petitioner is permitted to file a precise application for discharge, but such application should not be unnecessarily lengthy and if such application is filed in that case, the concerned Court shall decide the same by passing a reasoned and speaking order and shall answer to each and every point taken up in the said application. It is clarified that petitioner shall not seek any adjournment to argue the matter before the trial ANJU RANI 2024.12.13 19:20 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRM-M-62776-2024 Court. It is clarified that before passing of any final order on framing of charges, trial Court shall decide the application of discharge, if it is filed within a month. If the petitioner seeks unnecessary adjournments, this order shall stand recalled under Section 403 BNSS 2023. In case, order of framing of charges is passed, in that case, petitioner is at liberty to challenge the charges in accordance with law. 4.

Petition is disposed of in the terms mentioned above. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 13.12.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.12.13 19:20 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh