Crl.M.No.M-12876 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-12876 of 2010 (O&M) Date of Decision: May 7, 2010 Robin Kumar .....Petitioner v. State of Punjab ......Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Anupam Singla, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 482 Cr.P.C. is for quashing of order dated 28.11.2009, Annexure P10, passed by learned trial Court vide which exemption from personal appearance of the petitioner was declined, order dated 8.4.2010, Annexure P11, vide which the revision petition filed by the petitioner against order dated 28.11.2009 was dismissed and order dated 16.3.2010, Annexure P12, passed by learned trial Court vide which proclamation under Section 82 Cr.P.C. has been issued against the petitioner. I have heard learned counsel for the petitioner and have gone through the whole record carefully. The present petitioner-accused alongwith co-accused is facing trial in FIR No.125, dated 13.5.2007, under Sections 354, 323, 34 IPC, registered at Police Station Samana, pending in the Court of Judicial Magistrate Ist Class, Samana. A perusal of the impugned order passed by learned Magistrate as well as learned Sessions Judge, Patiala, shows that petitioner and co- accused are not allowing the case to make any progress. On 12.9.2008, the present petitioner absented from the Court and however, his personal appearance was exempted without any proceeding in the case. On Crl.M.No.M-12876 of 2010 (O&M) -2- 11.11.2008, co-accused Neeraj Kumar and Sanjay Kumar absented and sought their exemption. On 27.2.2009, accused Naresh Kumar absented and on 7.7.2009 and 2.9.2009 accused Surinder Kumar absented. Charges were framed on 8.7.2009, as per charge-sheet placed on record on behalf of the petitioner, Annexure P9, and however, no evidence could be recorded as on 2.9.2009, accused Surinder Kumar was absented. On 29.10.2009, accused Robin Kumar and Naresh Kumar were absented. On 5.11.2009, again accused Naresh Kumar was not present and on 28.11.2009, the present petitioner-accused absented, whereas evidence of the prosecution was present. Hence, even the witnesses are being harassed at the instance of petitioner and co-accused. It has been rightly observed by learned Sessions Judge in the impugned order dated 8.4.2010 that case is being unnecessarily adjourned due to act of one or the other accused. Learned Sessions Judge directed the petitioner to appear before learned trial Court on 15.4.2010, however, accused did not appear before learned trial court and filed the present petition. In view of these facts and without expressing any opinion on the merits of the case, the present petition is dismissed being devoid of any merit. 7.5.2010 (Ram Chand Gupta) meenu Judge