Criminal Misc. No. M-4047 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4047 of 2008 (O&M) Date of decision : 12.11.2010 Partap Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. JBS Gill, Advocate for the applicant/petitioner. Mr. Raghbir Chaudhary, Sr. DAG Punjab. RAJAN GUPTA J. (ORAL) Crl. Misc. No. 8084 of 2009 This is an application seeking recall of order dated 20.01.2009 passed by this court dismissing the main petition (Crl. Misc. No. M-4047 of 2008). Learned counsel for the applicant/petitioner submits that petition was dismissed on 20.01.2009 in view of the statement made by Head Constable Daljit Singh before this court that trial was nearing its culmination while the factual situation was that the case was fixed for consideration of framing of charge on 21.02.2009. According to Mr. Gill, the order dated 20.01.2009 deserves to be recalled. Learned State counsel has referred to affidavit of Amrik Singh Dhami, Deputy Superintendent of Police (D), Hoshiarpur and submitted that pursuant to notice issued in this application, Senior Superintendent of Police, Hoshiarpur got an inquiry conducted through Superintendent of Police (D). In the said inquiry it was found that Head Constable Daljit Singh Criminal Misc. No. M-4047 of 2008 (O&M) 2 had not stated correct facts before this court which led to passing of order dated 20.01.2009. Consequently, departmental proceedings were initiated against Head Constable Daljit Singh. An unconditional apology has also been tendered in the affidavit dated 11.01.2010. In the aforesaid circumstances, this court deems it fit to recall the order dated 20.01.2009 and apology as tendered by the deponent is accepted. C.M. application stands disposed of. Criminal Misc. No. M-4047 of 2008 Mr. Gill, at the outset has referred to additional affidavit of Rajeshwar Singh Sidhu, Deputy Superintendent of Police (H.Q.) Hoshiarpur dated 31.03.2010. He submits that in para 2 of the said affidavit a list of articles has been given which, according to police, can be released to the petitioner without any prejudice to the State. He, therefore, submits that he may be allowed to withdraw this petition with liberty to the petitioner to move a fresh application before the trial court in light of the affidavit filed before this court. Learned State counsel submits that State has no objection to such a prayer. This petition is thus dismissed as withdrawn with liberty as aforesaid, if permissible in law. November 12, 2010 (RAJAN GUPTA) Ajay JUDGE