IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-9458 of 2010 (O & M) Date of Decision: August 26, 2011 Harjinder Singh @ Bagga .....PETITIONER(S) VERSUS State of Punjab & another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sunil Agnihotri, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. None for respondent No.2. . . . AJAI LAMBA, J (Oral) 1. This petition filed under Section 482 Cr.P.C. prays for quashing order dated 4.2.2010 passed by the Judicial Magistrate Ist Class, Dassuya, vide which the application filed by the petitioner for exemption from personal appearance in complaint No.54 dated 15.7.2004 under Sections 323, 324, 325, 452, 506, 148, 149, 34 IPC, has been dismissed. Challenge is also to order of summoning dated 3.2.2005. 2. Learned counsel for the petitioner contends that the Crl. Misc. No. M-9458 of 2010 [2] petitioner is in the Army and is serving in Northern Command in Field Area of Jammu & Kashmir. Petitioner is facing trial in complaint case titled ‘Shanti Saroop vs. Vishwa Nath & others’ for commission of offence under Sections 323, 324, 325, 452, 506, 148, 149, 34 IPC. 3. Learned counsel contends that the petition for quashing the summoning order is hereby withdrawn, however, personal appearance of the petitioner be exempted in view of the duties being performed by him. 4. It has been brought out that even the Commanding Officer of the petitioner has made a request to the Trial Court for exemption of attendance of the petitioner as is evident from Annexure P-7. 5. The petition is dismissed as withdrawn. 6. Considering the totality of facts and circumstances of the case, personal appearance of the petitioner, for reasons noticed above, shall remain exempt on the conditions that: (i) he shall be represented by a counsel before the Trial Court; (ii) he shall not dispute his identity as accused; (iii) he shall have no objection if the evidence is recorded in his absence; (iv) he shall come present before the Trial Court as and when required; and (v) he shall comply with any other condition (s) that may be imposed by the Trial Court. 7. The Trial Court is directed to ask for presence of the petitioner when it is absolutely necessary, in terms of the procedure laid down in the Criminal Procedure Code. (AJAI LAMBA) August 26, 2011 JUDGE Crl. Misc. No. M-9458 of 2010 [3] avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?