Dismissed

Sushila Devi v. Federation of Sector Welfare Associations Chd & Anr.

Punjab & Haryana HC3 Dec 2014CRM-M/43098/2013

Case brief

AI extract

What is this about?

High Court disposed of a criminal miscellaneous petition challenging a summons. The Court avoided trial niceties, allowed withdrawal with liberty to raise pleas at pre-charge evidence, and granted liberty to appear via counsel.

What did the court decide?

Petition disposed of as withdrawn; liberty granted to raise pleas at pre-charge evidence/charge consideration; exemption from personal appearance allowed subject to conditions.

Sushila Devi Vs Federation of Sector… — Criminal Trial and Appeal | Punjab & Haryana HC (2014)

¶1

Cr. Misc. M 43098 of 2013 (O&M)

¶2

¶3

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

¶4

Cr. Misc. M 43098 of 2013 (O&M) Date of decision:- 3.12.2014

Sushila Devi

Petitioner

vs.

Federation of Sector Welfare Associations (Regd.) Chd. & anr

¶9

Respondents

¶10

Present: Mr. Rajiv Kataria, Advocate. Mr. Sidharath Sanwaria, Advocate. Mr. IS Pabla, Advocate. Mr. PS Ahluwalia, Advocate. Mr. Animesh Sharma, Advocate

¶11

M.M.S.BEDI,J.

¶12

Misc. applications No. 20328 and 20428 of 2014 filed by P.C.Sanghi and Rajinder Kumar Goel, respectively are ordered to be heard along with the main case. The right of the said applicants, to be impleaded, will be considered simultaneously while considering the validity of the order (annexure P-8). However, counsel for the applicants, who seek to be impleaded, will be permitted to raise the arguments on the basis of the material, which is part of the record before the trial court or before this court.

¶13

I have heard counsel for the petitioner and counsel for the respondents, including counsel for the applicants, who seek to be heard.

¶14

The short question, which is required to be determined is the validity of the summoning order dated 30.9.2011 (Annexure P-8) u/s 420/120-B read with Section 511 IPC, passed against the petitioner. The allegation against the petitioner is that she had furnished a wrong affidavit with an objective to achieve wrongful gain with simultaneous wrongful loss

¶15

to the complainant etc. TAPINDER SINGH MANN 2014.12.05 17:45 I attest to the accuracy and integrity of this document

¶16

Cr. Misc. M 43098 of 2013 (O&M)

¶17

¶18

After considering the facts and circumstances of the case, I am of the considered opinion that it will not be appropriate for this court, at this stage, to enter into the niceties of the trial and to examine the ingredients of the offences alleged by appreciating all the preliminary evidence. All the pleas taken up by the petitioner, would be available to her at the time of pre-charge evidence and at the time of consideration of charge.

¶19

Taking into consideration the fact that the petitioner is a lady, in the interest of justice, this petition is disposed of as withdrawn with liberty to the petitioner to raise all the pleas, taken up in this petition, at an opportune time i.e. at the time of pre-charge evidence stage or at the time of consideration of charges. It is further ordered that in case the petitioner moves an application for exemption from personal appearance, that would be allowed subject to the condition that she will not dispute her identity and would be subject to any conditions imposed by the trial court. It will be open to the trial court to discharge the petitioner in case the petitioner is able to establish at pre-charge evidence stage that no offence is made out on the basis of the material on record.

¶20

The pleas raised by Mr. P.S.Ahluwalia and Mr. Animesh Sharma, Advocates, counsel in the misc. applications, are left open to be considered at the an opportune time in case locus standi of the complainant is disputed at any stage before the trial court.

¶21

December 3 ,2014 ( M.M.S.BEDI ) TSM JUDGE

¶22

TAPINDER SINGH MANN 2014.12.05 17:45 I attest to the accuracy and integrity of this document

Sushila Devi v. Federation of Sector Welfare Associations Chd & Anr.

Case brief

What is this about?

What did the court decide?

Sushila Devi v. Federation of Sector Welfare Associations Chd & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lakhan & Ors. Vs State of Haryana & Ors.

Jujhar Singh and Ors. Vs State of Punjab and Anr.

Mandip Singh and Ors. Vs State of Punjab and Anr.

Jita Singh Vs State of Punjab and Anr.

Kirandeep Kaur Vs State of Punjab & Ors.

Sukhpreet Singh Vs State of Punjab