Punjab-Haryana High Court
Paramjit Kaur vs State Of Punjab on 12 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 55790 of 2024
110
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 55790 of 2024
Date of Decision: 12.11.2024
Paramjit Kaur ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Aditya Anand, Advocate
for the petitioner.
Ms. Swati Batra, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
121 29.06.2021 Subhanpur, District 21-29-61-85 of NDPS Act
Kapurthala
1. Aggrieved by the order of issuance of notices/non-bailable warrants vide
order dated 25.01.2023 and subsequent orders (Annexures P-7 to P-12) in the FIR
captioned above, passed by Judge, Special Court, Kapurthala due to the default in
appearance before the trial court, the petitioner has come up before this court under
section 528 BNSS, 2023.
2. Petitioner's counsel submits that the petitioner could not appear before the
trial Court as she was never served properly and the notices were delivered at her
previous place of residence.
3. Notices served upon the official respondents through the State's counsel.
Given the nature of the order that this Court proposes to pass, neither the response of
official respondents nor the issuance of notices to the private respondents is required.
4. The primary object of service is to secure the accused's presence in trial.
The petitioner has approached this court on its own, establishing the bonafide at this
stage. Without commenting on the case's merits, and in the facts and circumstances
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
peculiar to this case, and also for the reasons mentioned above, the ends of justice would
meet. Furthermore, without adjudicating the maintainability of this petition under section
528 BNSS and leaving that question open; given the explanation offered by the accused
coupled with the facts and circumstances peculiar to this case, a balanced approach would
work as an incentive, a catalyst, speeding up the process, and bringing the guilty to
Justice and Justice to the guilty. Thus, exercising the inherent powers under section 528
BNSS, this court deems it appropriate to grant the following limited relief to the
petitioner, subject to compliance with the conditions mentioned in this order.
5. Counsel for the petitioner submits that she will be appearing before the
concerned Court and till then, non-bailable warrants be kept in abeyance and she will
take appropriate legal remedies.
6. Given above, let the petitioner appear before the concerned trial Court on
19.11.2024 at 11.00 AM subject to payment of cost(s) of Rs.5000/- to Poor Patient
Welfare Fund, PGIMER, Chandigarh. Till then, there shall be stay on impugned order
and any warrants issued pursuant to that. This order shall eclipse on 19.11.2024 at 5.00
P.M. On her appearance, trial court shall release the petitioner on bail on the same day on
furnishing usual bonds to its satisfaction, as she was earlier granted bail.
7. Any observation made hereinabove is neither an expression of opinion on
the merits of the case nor shall the trial Court advert to these comments.
8. There would be no need for a certified copy of this order, and any
Advocate for the Petitioner can download this order along with case status from the
official web page of this Court and attest it to be a true copy. In case the attesting officer
wants to verify the authenticity, such an officer can also verify its authenticity and may
download and use the downloaded copy for attesting bonds.
9. Petition allowed to the extent and subject to the conditions mentioned
above. All pending applications, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
12.11.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
