IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16504 of 2008 Date of decision: 11th February, 2009 Jagtar Singh and others … Petitioners Versus Nazar Singh and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gurcharan Dass, Advocate for the petitioners. Mr. Balwinder Singh, Advocate for respondent No.1. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner, after arguing for some time, submits that he be permitted to withdraw the present petition with liberty to raise all arguments, available to him under law, before the trial Court at appropriate stage. Learned counsel further submits that since petitioner Nos.1 and 2 are elder brothers of husband of the estranged wife, Kirpal Kaur, at whose instance, criminal complaint under Sections 406, 498-A IPC has been instituted. Counsel further submits that taking into consideration the relationship of the petitioners, their personal appearance, before the trial Court, be exempted. In this matrimonial dispute, where husband and wife are residing abroad, personal appearance of the elder brothers of the husband of the estranged wife is exempted, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court. Criminal Misc. No. M-16504 of 2008 They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE February 11, 2009 rps