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Pawan Kumar vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 18 April 2011 · Citation: (2011) 04 P&H CK 0282

HON’BLE JUDGES
Nirmaljit Kaur, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 420
CASE NUMBER
Criminal Miscellaneous No. M-8405 of 2011 (O and M)
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Judgment

4 paragraphs · 210 words

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for issuance of directions to trial Court, Karnal to exempt the personal appearance of the Petitioner in case No. 436 of 2009 in FIR No. 446 dated 16.10.2007 registered at Police Station Sadar Karnal u/s 420 IPC which is pending at District Courts, Karnal with a further prayer for issuance of direction to the trial Court to decide the case expeditiously.

2.

It is contended that the challan was filed in February 2008, but till date, only one PW, namely, ASI Kartar Singh has been examined. It is further contended that the Petitioner is suffering a lot physically, financially, as well as, mentally due to above mentioned FIR, whereas, the matter is being adjourned on account of the fact that the prosecution witnesses are either not served or not present.

3.

In view of the above, the present petition is disposed of with a direction to the trial Court to complete the trial as expeditiously as possible preferably within six months from the receipt of a copy of this order.

4.

However, in case, the Petitioner files an application for exemption of his personal appearance, the same shall be considered by the trial Court in accordance with law.