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JAGGAR SINGH & ORS. versus STATE OF PUNJAB & ANR.

High Court of Punjab and Haryana, Chandigarh

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Jaggar Singh & Ors. v. State of Punjab & Anr. - CRM-464-M-2006 [2006] RD-P&H 12858 (19 December 2006)

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

Crl. Misc. No.464-M of 2006

Date of decision: January 9, 2007.

Jaggar Singh & Ors.

...Petitioner(s)

v.

State of Punjab & Anr.

...Respondent(s)

Present: Shri B.S. Dhaliwal, Advocate for the petitioners.

Surya Kant, J. (Oral)

The prayer in this petition is to quash the criminal complaint dated 26.2.2002 (Annexure P1), which has been filed by respondent No.2, and also the summoning order dated 25.3.2006 (Annexure P2) passed therein by the learned Sub Divisional Judicial Magistrate, Jagraon.

After hearing Learned Counsel for the petitioners at length and having regard to several disputed questions of fact, it does not appear desirable and/or expedient to interfere at this stage as no firm opinion with regard to innocence and/or involvement of the petitioners in relation to the commission of the alleged offence can be made out. However, in order to implicate the women folk, possibility of giving an exaggerated version by respondent No.2 having been pressed by Learned Counsel for the petitioners time and again, this petition is disposed of with the following liberties/directions:-

(i)the petitioners shall be at liberty to raise all the pleas before the learned Sub Divisional Judicial Magistrate at an appropriate stage and all such pleas shall be taken into consideration in accordance with law;

(ii) the petitioners may surrender before the learned Sub Divisional Judicial Magistrate on the date fixed and may furnish their adequate bail bonds to his satisfaction and upon furnishing thereof, they shall be released on bail; (iii) the petitioners No.6, 7 and 8 shall be at liberty to move an application before the learned Sub Divisional Judicial Magistrate for their exemption from personal appearance and if any such application is moved by them, the learned Sub Divisional Judicial Magistrate is directed to grant them exemption from personal appearance, subject to the following conditions that:- (a) they will be represented through counsel; (b) will not delay/stall the trial proceedings; (c) will not dispute their identity as accused; and (d) will have no objection if the prosecution evidence is also recorded in their absence but in the presence of their counsel.

Disposed of.

January 9, 2007. [ Surya Kant ]

kadyan Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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