Crl. Misc. No.M-17293 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-17293 of 2010 Date of Decision: July 2, 2010 Dr. Minna …..Petitioner Vs. State of Union Territory, Chandigarh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.D.S. Hooda, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Petitioner has invoked the inherent jurisdiction of this Court to question the validity of order dated June 9, 2010 by virtue of which the application of the petitioner for permanent exemption from her appearance from the trial Court has been dismissed. However, it has been observed that she can move an application for personal exemption in unavoidable circumstances. Crl. Misc. No.M-17293 of 2010 [2] Counsel for the petitioner has contended that the petitioner is a busy doctor and that the day to-day proceedings have been started by the trial Court. There are 91 witnesses cited by the prosecution and that in case the proceedings are taken on day to-day basis, the petitioner will be required to appear in the Court for a continuous period of about 4 months which would hamper the profession of the petitioner. The scope of interference in the discretionary order passed by the trial Court is very meager but taking into consideration the interest of justice, this petition is disposed of with a direction to the trial Court that in case the petitioner moves an application for exemption from personal appearance for few days and makes a statement to the effect that evidence could be recorded where there is no dispute regarding her identity in her absence by exempting her appearance, the trial Court will allow such application subject to any condition imposed. It will be open to the trial Court in said eventuality to record the evidence by exemption the personal appearance of the petitioner but in presence of her counsel as per the provisions of Section 273 Cr.P.C. This order will not curtail the discretion of the trial Court to reject the application in case the circumstances so warrant. It will be open to the petitioner to submit a list of the witnesses who are not to identify the petitioner while deposing. The trial Court can exempt the personal appearance of the petitioner at the time of examination of said witnesses. July 2, 2010 (M.M.S.BEDI) sanjay JUDGE Crl. Misc. No.M-17293 of 2010 [3]