Parmod B Aggarwal vs Central Bureau Of Investigation
2023 Latest Caselaw 5262 P&H

                                                               Neutral Citation No:=2023:PHHC:061322




271          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                                     CRM-M-18057-2018 (O&M)
                                                     Date of Decision:25.04.2023

PARMOD B AGGARWAL                                                        ....Petitioner
                                         Versus


CENTRAL BUREAU OF INVESTIGATION                                           ....Respondent

CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:     Mr. S.S. Narula, Advocate
             for the petitioner.

        Ms. Shubhra Singh, Advocate for the respondent-CBI.
             ****
ANOOP CHITKARA, J.

FIR No.     Dated           Police Station        Sections
RC.BD1/20 03.06.2014        CBI/BS&FC,            420/471/467/468 and
14/E/0006                   New Delhi             120-B

The limited prayer for which the petitioner has come up before this

Court to seek exemption from personal appearance before the trial Court on the

ground that he is resident of Dubai and he is unable to attend trial Court on each

and every date because distance is so long and he has to spend a lot of money

on every date of hearing.

2. The nature of the order this Court proposes to pass, no further re-

sponse is required from the respondent-CBI because no prejudice is likely to

cause to anybody.

3. At this stage, counsel for the petitioner submits that he would not

claim any prejudice in case witnesses are examined in his absence or proceed-

ing recorded in his counsel presence.

4. Given the statement of counsel for the petitioner, on this ground

alone, the present petition is allowed. The petitioner is exempted from personal

appearance before the trial Court and is permitted to appear through counsel on

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Neutral Citation No:=2023:PHHC:061322

all dates except when his presence is required for identification; at the time of

framing of charge; if not framed so far, recording of statement under Section

313 CrPC, under Section 315 Cr.PC. for his evidence in defence if he wants to

appear and at the time of pronouncement of final judgment. Trial court may ask

for his presence on any other date also by passing a speaking order, if need so

arise to do so. It is clarified that the petitioner-accused shall not claim any prej-

udice in this regard in any Court. It is further clarified that the petitioner shall

not take any adjournment before the trial Court except of exceptional circum-

stances. Pending applications, if any, stand disposed of.

                                                      (ANOOP CHITKARA)
                                                          JUDGE
25.04.2023
shruti

             Whether speaking/reasoned:        Yes/No
              Whether Reportable:              Yes/No




                                                          Neutral Citation No:=2023:PHHC:061322

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