Harjot Kaur vs State Of Punjab And Anr on 10 August, 2017

120
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM No.M-29155 of 2017
Date of decision: 10.08.2017

Harjot Kaur
….Petitioner
Versus
State of Punjab and another
….Respondents

CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Gurcharan Dass, Advocate
for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

The petitioner prays for quashing of FIR No.44 dated

28.05.2013 registered under Sections 406 IPC and 4 of the Dowry

Prohibition Act at Police Station Koom Kalan, District Ludhaina; report

under Section 173 Cr.P.C. dated 30.08.2013 and order framing charge

dated 05.11.2014.

At the very outset, learned counsel for the petitioner

restricts his arguments only to the extent of seeking exemption of

personal appearance of the petitioner, who is a lady aged 47 years, on

the ground of in-distant relation of Gurjant Singh, with whom the

alleged engagement of the complainant had taken place. It is further

submitted that the petitioner is a resident of village Kotla Ajner, District

Fatehgarh Sahib and it is difficult for her to appear before the trial

Court on each and every date of hearing.

Since, conclusion of the trial may take some time and

considering the fact that the petitioner is a resident of village Kotla

Ajner, District Fatehgarh Sahib, personal appearance of the petitioner

shall remain exempted on filing an application under Section 205

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Cr.P.C. before the trial Court. The trial Court shall grant exemption to

the petitioner – Harjot Kaur from personal appearance on the condition

that she will be represented through her counsel and will not object to

any evidence being produced during the course of trial by the

complainant and she will appear before the trial Court as and when

required for the purpose of admission or denial of any documents.

However, it will be open for the trial Court to seek personal appearance

of the petitioner, if her counsel do not co-operate or fail to appear on

her behalf.

Disposed of accordingly.

(ARVIND SINGH SANGWAN)
JUDGE

10.08.2017
yakub

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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