Crl. Misc. No.44212-M of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. 8083 of 2009 Crl. Misc. No.44212-M of 2007 (O &M) Date of decision: August 03, 2009 Partap Singh -Petitioner Versus State of Punjab & another -Respondents Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. JBS Gill, Advocate, for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. Rajan Gupta, J.(Oral) Criminal Misc. No. 8083 of 2009 This is an application for recalling the order dated January 20, 2009, vide which the main petition was dismissed on the basis of statement made by learned State counsel (on instructions from HC Daljit Singh, who was present in Court) to the effect that out of six prosecution witnesses four had already been examined. It is, however, submitted that factually the case was fixed for consideration of charge at that time. Learned State counsel admits that a wrong statement was made before this Court on 20-1-2009. He submits that departmental action has already been initiated against HC Daljit Singh for the aforesaid lapse on his part. For the reasons mentioned therein, the application is allowed, the order dated January 20,2009 is recalled and the main petition is taken up for hearing on merits. Criminal Misc. No.44212-M of 2007 Heard. Crl. Misc. No.44212-M of 2007 2 After arguing at some length, counsel for the petitioner submits that in view of the fact that by now charges have been framed in this case, he does not press the instant petition. He, therefore, prays that he may be permitted to withdraw the same with liberty to the petitioner to raise all these pleas before the trial Court at an appropriate stage. Dismissed as withdrawn with the liberty as aforesaid. [Rajan Gupta] Judge August 03, 2009. 'ask'