Case Note & Summary
The case involved a petition filed by Jagdish Chand seeking exemption from personal appearance in a criminal matter against the State of Punjab. The proceedings originated from an FIR in 1997, and the petition was filed in 1998. The petitioner’s counsel argued that there were disputed questions of fact that could not be resolved under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner expressed a desire to withdraw the petition to present arguments before the trial Court during the charge framing stage, asserting that no offence was made out from the challan submitted. The Court noted the long pendency of the case and decided it would be just to exempt the petitioner from personal appearance, provided he submitted an undertaking to appear when required and accepted the binding nature of any evidence recorded in his absence. The petition was disposed of with these directions.
Headnote
A) Criminal Procedure - Exemption from Personal Appearance - Conditions for Exemption - Code of Criminal Procedure, 1973, Section 482 - The petitioner sought exemption from personal appearance before the trial Court, which was granted on the condition of filing an undertaking regarding future appearances and binding nature of evidence recorded in absence. Held that such conditions are appropriate given the long pendency of the case (Paras 1-2).
Issue of Consideration
Whether the petitioner can withdraw the petition and be exempted from personal appearance before the trial Court.
Final Decision
The Court granted the petitioner's request for exemption from personal appearance before the trial Court, subject to conditions regarding future appearances and the binding nature of evidence recorded in his absence.
Law Points
- Exemption from personal appearance
- Disputed questions of fact
- Withdrawal of petition
- Section 482 Cr.P.C.
