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Jugraj Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 9 December 2010 · Citation: (2010) 12 P&H CK 0445

HON’BLE JUDGES
Sabina, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 325, 34, 427
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-35910 of 2010 (O and M)
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Judgment

5 paragraphs · 209 words

Sabina , J.—This petition has been filed u/s 482 of the Code of Criminal Procedure for issuance of directions to the Court of Judicial Magistrate, Ist Class, Tarn Taran to exempt personal appearance of the Petitioner in case FIR No. 83 dated 1.6.2005, under Sections 325, 427, 34, of the Indian Penal Code at Police Station Sarhali District Tarn Taran.

2.

Learned Counsel for the Petitioner has submitted that the Petitioner is working as cadet on the vessel owned by Varun Shipping Company Limited and the tenure of the Petitioner is up to May, 2011. Since the Petitioner is presently moving with the vessel, it is not possible for him to attend the Court.

3.

Accordingly, this petition is allowed.

4.

Personal appearance of the Petitioner before the trial Court shall remain exempted subject to the following conditions:

(i) Petitioner shall be represented through counsel; (ii) shall not delay/stall the trial proceedings; (iii) shall not dispute his identity as an accused; (iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his counsel (v) shall appear before the trial Court as and when required by the trial Court; and (vi) any other condition which the learned trial Court may impose.