CRM-M-27689 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27689 of 2010 (O&M) Date of decision: 10.02.2011 Vikas Thakur ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. L.M. Gulati, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, Punjab. Mr. V.K. Sandhir, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Affidavit of Sh. Tilak Raj PPS Deputy Superintendent of Police, Sub Division, Ajnala, District Amritsar (Rural), handed over by learned Assistant Advocate General, Punjab, is taken on record. As per the contents of the affidavit, Sucha Singh, S.I., Investigating Officer, was present in the police station on 16.10.2010. It has further been stated by the DSP that petitioner did not report to the police station on 16.10.2010 either to the SHO or to the Investigating Officer. I am satisfied with the report of the DSP. From the report of the DSP it can be said that petitioner did not report to the police station for investigation in compliance of the direction of this Court dated 28.9.2010. Not only the petitioner has failed to comply with the order of this Court dated 28.9.2010, but he has taken wrong stand before this CRM-M-27689 of 2010 (O&M) -2- Court that, in fact, he has visited the police station on 16.10.2010, however, was not allowed to join the investigation saying Investigating Officer has gone to attend the funeral of his relative. Petitioner is present in person before the Court. Mr. L.M. Gulati, learned counsel for the petitioner, states that considering the tender age of the petitioner his unconditional apology may be accepted. Learned counsel for the petitioner has further stated that although stand of the petitioner is not proved that he has visited the police station, however, in view of his unconditional apology, no action should be taken against him and he may be allowed to withdraw this petition with liberty to surrender before the Court on 15.2.2011. Unconditional apology tendered by the petitioner is accepted , however, he is warned to be careful in future. Petition is dismissed as withdrawn. Petitioner shall surrender before the Magistrate on 15.2.2011. In case, petitioner fails to surrender before the Magistrate on 15.2.2011, unconditional apology tendered by the petitioner shall stand rejected and action shall be taken against him for making incorrect, false and mis-leading statement before this Court, which amounts to perjury. (Alok Singh) Judge February 10, 2011 R.S.