IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21227 of 2009 (O&M) Date of decision : 17.9.200 Vijaywant Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Sanjay Kaushal, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab. .... MAHESH GROVER, J. Crl.Misc.No.38384 of 2009 is allowed as prayed for. This is a petition under Section 438 of the Code of Criminal Procedure praying for release of the petitioner in terms thereof in a case registered vide FIR No.182 dated 2.8.2008 under Sections 406, 498-A IPC, at Police Station Salem Tabri, Distt. Ludhiana. Learned counsel for the petitioner states that pursuant to the order dated 13.8.2009 he has appeared before the Investigating Officer and returned the dowry articles. However, learned counsel for the State on instructions from ASI Manjit singh states that gold articles have not been returned and besides this some other articles are yet to be recovered. Crl.Misc.No.M-21227 of 2009 (O&M) -2- After hearing the learned counsel for the parties and perusing the material on record, I am of the opinion that though the ensuring of return of dowry articles is not the object of proceedings under Section 438 Cr.P.C., the object being only to ensure that a person joins the investigation and some semblance of equity is also ensured in the process and prima facie the petitioner appears to have joined the investigation and complied with the provisions of Section 438(2) Cr.P.C. Therefore, the directions dated 13.8.2009 are made absolute till the filing of the challan subject to the condition that the petitioner continues to comply with the provisions of Section 438(3) Cr.P.C. Petition stands allowed. 17.9.2009 (MAHESH GROVER) JUDGE dss