Criminal Misc. No.M-10748 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-10748 of 2008 Date of decision : 8.9.2008 Jeewan Kumari and others ....Petitioners Versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. L.M.Gulati, Advocate for the petitioners Mr. K.D.Sachdeva, Deputy Advocate General, Punjab S. D. ANAND, J. It is apparent from a perusal of the petition itself that petitioners have raised disputed questions of fact which shall have to be adjudicated upon by the learned Trial Magistrate only after the parties have adduced evidence in support of their respective pleas at the trial. The counter filed by the respondent no.1 indicates that the challan in the relevant case (FIR No.48 dated 3.8.2007 under Sections 420/34 IPC, Police Station, Gharinda District Amritsar ) has already been filed, petitioners-accused stand charge-sheeted and the matter has already been adjourned for recording of the prosecution evidence. The petitioners may raise the present pleas before the learned Trial Court at the trial. The petition shall stand dismissed. However, in view of the fact that petitioner no.1 is a female and there is no dispute about her identity, I have no hesitation in allowing the verbal request made Criminal Misc. No.M-10748 of 2008 -2- **** by the learned counsel for the petitioners that she may be allowed exemption from personal appearance. On a plea being filed, the Trial Court shall allow exemption to petitioner no.1 from personal appearance. However, it would not fetter discretion of the learned Trial Court to order personal appearance of petitioner no.1 by passing a specific order to that effect. September 08, 2008 (S. D. ANAND) Pka JUDGE