Criminal Misc. No. M- 18838 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 18838 of 2008 Date of Decision: 6.1.2009 Avtar Singh …Petitioner Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Y.M. Bhagirath, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondent No.1. Mr. S.S. Rangi, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioner submits that the petitioner was 13 years child at the time of marriage of his elder brother with Charanjit Kaur. The complaint has been filed in the present case by the father of Charanjit Kaur. Learned counsel submits that since the petitioner was juvenile at the time of commission of offence, he could not be tried. Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab, on instructions from Roshan Lal, Sub Inspector, submits that whether the petitioner was 13 years of age at the time of marriage of his Criminal Misc. No. M- 18838 of 2008 2 elder brother is a disputed question of fact. He further submits that the entire evidence has been concluded and the trial is at the fag end. The present petition is disposed off with liberty to the petitioner to raise all arguments before the trial Court. The trial Court shall deal with the arguments so raised by learned counsel for the petitioner. Taking into consideration the relationship, the personal appearance of the petitioner is exempted before the trial Court subject to filing an undertaking that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioner. On the furnishing of undertaking, the personal appearance of petitioner shall stand exempted. Petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 6, 2009 “DK”