Criminal Misc. No. M-34784 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34784 of 2010 Date of decision : 26.11.2010 Tej Kaur and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Namit Gautam, Advocate for the petitioners. RAJAN GUPTA J. (ORAL) This is a petition under Section 482 Cr.P.C. seeking quashing of impugned order dated 30.04.2010 passed by Judicial Magistrate Ist Class, Ludhiana whereby application filed by the petitioner for exemption from personal appearance before the trial court during the pendency of trial was rejected. At the outset, learned counsel for the petitioner has pointed out that impugned order is a non speaking order as no reasoning has been given therein for rejecting the prayer of the petitioner. He submits that petitioner No. 1 is 82 years old lady and petitioner No. 2 is living in Chhatisgarh. Notice of motion. On the asking of court, Dr. U.S. Dhaliwal, Additional Advocate General, Punjab accepts notice. He submits that he has no objection if the matter is remitted back to the same court for decision afresh. Heard. Criminal Misc. No. M-34784 of 2010 2 It is evident that the impugned order is totally non speaking in nature. The pleas raised by the petitioner for seeking exemption from personal appearance do not appear to have been dealt with in the impugned order. Under the circumstances, the impugned order dated 30.04.2010 (Annexure P-1) is hereby set-aside being totally non-speaking in nature. The matter is remitted back to the same court for decision afresh after affording an opportunity of hearing to all the parties concerned. Allowed in aforesaid terms. November 26, 2010 (RAJAN GUPTA) Ajay JUDGE