High Court of Punjab and Haryana, Chandigarh
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State of Haryana v. Jai Singh - CRM-54764-M-2005  RD-P&H 471 (1 February 2006)
Case No. : Crl.Misc.No.54764-M of 2005
Date of Decision : February 10, 2006.
State of Haryana .... Petitioner
Jai Singh .... Respondent
Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.D.S.Nalwa, DAG, Haryana.
Vide order dated September 16, 2003, this Court had issued directions under Section 438 of the Code of Criminal Procedure. However, the order dated February 05, 2003 was made absolute subject to the compliance of the conditions contained in the aforesaid order. The stipulated conditions in the order dated February 05, 2003 are as under :- "i) that he shall make himself available for interrogation by the investigating officer as and when required;
ii) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and
iii) that he shall not leave India without the previous permission of the court concerned."
It is, thus, clear that it was specifically stipulated while granting interim directions in favour of the applicant Jai Singh that he shall not leave India and that he shall make himself available by the Investigating Officer as and when so required. In these circumstances, while passing the order dated September 16, 2003, this court had specifically stipulated that the aforesaid terms and conditions would continue to operate.
Crl.Misc.No.54764-M of 2005 : 2 :
The present application for cancellation of the aforesaid order dated September 16, 2003, has been filed by the State of Haryana and in the application, it has been averred that Jai Singh-respondent is not co- operating with the investigation and on inquiry, it has been found that he has left the country. Therefore, a prayer has been made that the aforesaid concession granted to Jai Singh vide order dated September 16, 2003 be cancelled as repeated efforts have been made by the Process Serving Agency to serve the respondent.
Lastly, the learned District and Sessions Judge, Hisar was asked to look into the matter personally to effect the service upon the aforesaid Jai Singh. A report dated January 21, 2006 has been received from the learned District and Sessions Judge, Hisar. In the report, it has been stated that as per the summons served upon the aforesaid Jai Singh and as per the report of ASI Rati Ram, P.S.Sadar, Hisar and verified by Ex-Sarpanch, Sarpanch and Chowkidar of Village Chaudhriwas, the respondent Jai Singh is reported to have been living in America for the last six years. In these circumstances, it is apparent that the orders dated February 05, 2003 and September 16, 2003 have been obtained by making mis-representation before this court. In any case, Jai Singh was directed not to leave the country without the permission of the court. He has so left for America without seeking any such permission. In these circumstances, this Court has left with no other option except to cancel and withdraw the concession granted to Jai Singh vide orders dated February 05, 2003 and September 16,
2003. The applicant-State of Haryana would be at liberty to proceed against the aforesaid Jai Singh in accordance with law.
The main petition stands disposed of, accordingly.
February 10, 2006 ( VINEY MITTAL )
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