Criminal Misc. No. M-14660 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14660 of 2009 Date of Decision: 27.5.2009 Sukhbir Singh Paintal …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sangram Singh Saron, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner had earlier filed Criminal Misc. No. M-16725 of 2008 which was dismissed on 23.3.2009. In that petition, primarily three arguments raised were noticed and dealt with. Counsel for the petitioner, in the present petition, has submitted that proceedings in which petitioner has been facing prosecution are barred by principles of limitation and has invoked Section 468 Cr.P.C. Counsel further states that in earlier petition, this argument has not been made. It has been further submitted that constructive res judicata cannot be invoked in criminal proceedings to oust the petitioner. Without going into the merits of this contention, it is noticed that case is fixed for 1.6.2009. for framing of charge. Criminal Misc. No. M-14660 of 2009 2 Counsel is permitted to file an application and urge before the trial Court that proceedings under Section 182 Cr.P.C. are barred by limitation under Section 468 Cr.P.C. If such an application is filed, same shall be dealt with by the trial Court considering the merits of the contention. In the present case, Kalandra No. 632 of 2001 pertain to 8.12.2001. Taking into consideration long pendency of criminal litigation in a petty offence (punishable upto maximum of six months rigorous imprisonment) personal appearance of the petitioner is exempted before the trial Court subject to filing an undertaking that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioner. On the furnishing of undertaking, the personal appearance of petitioner shall stand exempted. Copy of this order be given dasti to counsel for the petitioner on payment of usual charges. (Kanwaljit Singh Ahluwalia) Judge May 27, 2009 “DK”