Dismissed

Nirmal Kumawat and Anr. v. State of Haryana and Anr.

Punjab & Haryana HC6 Sept 2011CRM-M/20867/2009

Case brief

AI extract

What is this about?

In an order dismissing a Section 482 CrPC petition for quashing an FIR where the trial court had framed a charge and was recording evidence, the Court held that evidence could not be summarized via affidavits without the challan. The Court dismissed the petition but exempted petitioners from appearance if they were represented by counsel.

What did the court decide?

Petition dismissed; appearance exempted on conditions of counsel representation and no objection to recording evidence in absence.

Nirmal Kumawat and Anr. Vs State of… — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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CRM No.M-20867 of 2009 (O & M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM No.M-20867 of 2009(O & M) Date of decision : 6.9.2011

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Nirmal Kumawat and another

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........Petitioners

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Vs.

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State of Haryana and another ......Respondents

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CORAM : HON'BLE MR. JUSTICE AJAI LAMBA

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Present:- Mr.Dinesh Kumar, Advocate, for the petitioners

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Mr.S.S.Nara, Senior DAG, Haryana

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Mr.Rahul Vats, Advocate, for respondent No.2

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AJAI LAMBA, J (Oral) :

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This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for quashing of FIR No.234 dated 7.9.2007 under Sections 198, 200, 201, 419, 420,406, 467, 471, 452, 506, 34 and 120B of the Indian Penal Code, registered at Police Station Meham, District Rohtak, placed on record as Annexure P-4, and consequential proceedings.

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It transpires that while this petition was pending before this Court, charge has been framed and the trial Court is seized of the matter. The case is at the stage of recording prosecution evidence.

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Learned counsel appearing for the petitioners contends that asking the petitioners to appear on every date would cause harassment as the petitioners belong to Rajasthan.

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Because of the trial Court is seized of the matter, in peculiar facts and circumstances of the case, while exercising jurisdiction under Section 482 of the Criminal Procedure Code, 1973, evidence cannot be taken by way

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CRM No.M-20867 of 2009 (O & M)

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of affidavits and counter-affidavits so as to record a finding that the petitioners have not committed any offence. This is particularly so because the order of charge and charge sheet have not been placed before this Court for its consideration. Even the challan papers have not been placed on record.

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In view of the above, this petition is dismissed.

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The appearance of the petitioners, before the trial Court, however,

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shall remain exempt on the following conditions :-

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i) they shall be represented by a counsel before the trial Court;

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ii)they shall not dispute their identity as accused;

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iii)they shall have no objection if the evidence is recorded in their absence; iv)they shall come present before the trial Court as and when required; and

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v) they shall comply with any other condition/conditions that may be imposed by the trial Court.

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The petitioners would be at liberty to take all the pleas taken in this

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petition, before the trial Court during the trial.

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(AJAI LAMBA) JUDGE

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6.9.2011 akm

Nirmal Kumawat and Anr. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Nirmal Kumawat and Anr. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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