IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 850 of 2003 Date of decision: 28th August, 2009 Nand Lal … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashwani Verma, Advocate for the petitioner. Mr. Anil Rathee, Additional Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On August 7, 2009, this Court had passed the following order: “Nand Lal was tried in case FIR No. 203 dated 08.06.2000 registered at Police Station City Fatehabad under Sections 420, 468, 471, 467 IPC. The Court of Chief Judicial Magistrate, Fatehabad, vide Criminal case No. 118-1 of 2001, discharged the petitioner on 17th September, 2001. The State of Haryana, against discharge of the petitioner, filed a revision petition. The Additional District Judge, Fatehabad, on 31st January, 2003, accepted the revision petition of the State and ordered Nand Lal to face the trial and appear before the trial Court on 20th February, 2003. Aggrieved against this order, Nand Lal has filed present revision petition. This Court, on 29th January, 2004 admitted the revision petition and ordered that proceedings may go on, but the petitioner be granted exemption from personal appearance on appropriate condition, on his filing appropriate application before the trial Court. Five years are going to elapse. By now, the trial may have concluded, or the petitioner may have been declared as Proclaimed Offender. A status report be called from the Court of Chief Judicial Magistrate, Fatehabad regarding the outcome of the trial Criminal Revision No. 850 of 2003 arising out of above said FIR. The Registry may seek the report through FAX. Case to come up for further hearing on 28th August, 2009.” The District and Sessions Judge, Fatehabad, in compliance with the order, has stated as under: “Accused Nand Lal filed a criminal revision No. 850 of 2003 before the Hon’ble High Court and the Hon’ble High Court vide letter No. 24 dated 2.5.2003 intimated that the operation of the impugned order shall remain stayed vide order dated 28.4.2003. The Officer has further submitted that no order dated 29.1.2004 passed by the Hon’ble Punjab & Haryana High Court is available on the record of this case and case titled State Versus Ranjit Singh etc. as mentioned above, was adjourned sine die vide order dated 6.11.2006 passed by Ms. Ritu Y.K. Bahl, the then JMIC, Fatehabad.” This Court would have taken a serious note of the lapse on the part of the trial Court and would have sought for an explanation as to why the trial had not proceeded despite the order of this Court that the proceedings may continue. But since counsel for the petitioner has stated that he no longer want to pursue the present revision petition, the fact finding enquiry as to who committed this lapse will further delay the trial. Therefore, this Court is of the view that the matter need not be pursued further. Counsel for the petitioner submits that he be permitted to withdraw the present revision petition, with liberty to raise all arguments, before the trial Court at appropriate stage. It is further submitted that since the case pertains to year 2000, personal appearance of the petitioner before the trial Court may be exempted, taking into consideration the fact that a Coordinate Bench of this Court, on 29th January, 2004, had 2 Criminal Revision No. 850 of 2003 exempted personal appearance of the petitioner before the trial Court and had ordered that trial may continue. As prayed, dismissed as withdrawn with liberty aforesaid. However, personal appearance of the petitioner, before the trial Court, shall remain exempted, subject to his filing an undertaking that he shall cause his appearance as and when required by the trial Court. He shall also file an undertaking 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 conditions in the undertaking to be submitted by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE August 28, 2009 rps 3