IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 57426-M of 2004 Date of decision: 25th May, 2010 Yatinder Kumar … Petitioner Versus R.P. Joshi … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S. Sawhney, Advocate for the petitioner. Mr. Jagdish Marwaha, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the complaint (Annexure P-4) and the summoning order (Annexure P-5) dated 19.10.2004 passed by the Court of Special Railway Magistrate, Ambala Cantt under the Prevention of Food Adulteration Act, 1954. Mr. Jagdish Marwaha, Advocate appearing for the respondent, has raised a preliminary objection that earlier on the same set of allegations, which have been raised in the present petition, Criminal Misc. No.9714-M of 2005 was filed on behalf of the Vendor and that petition was dismissed by a Coordinate Bench of this Court on 10th May,2006. It has been urged that this Court cannot take a different view than the one formulated by a Coordinate Bench. Criminal Misc. No. 57426-M of 2004 In view of the submissions made by counsel for the respondent, learned counsel for the petitioner has submitted that he may be permitted to withdraw the present petition, with liberty to raise all arguments before the trial Court at an appropriate stage. The prayer made by counsel for the petitioner is accepted and the present petition is dismissed as withdrawn, with liberty aforesaid. In the present case, the summoning order was passed in the month of October 2004. The petitioner is involved in long drawn litigation. Therefore, the personal appearance of the petitioner before the trial Court is exempted, subject to his filing an undertaking that he shall cause his appearance as and when required by the trial Court. He shall also undertake that the evidence, if any, recorded in his absence but in the presence of his counsel, shall be binding upon him. The trial Court may incorporate any other condition in the undertaking to be furnished by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE May 25, 2010 rps 2