Criminal Misc. No. M-992 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-992 of 2009 Date of Decision: 14.1.2009 Baljit and Others …Petitioners Versus Gurdial Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Baljinder Singh and Mr. K.S. Dhaliwal, Advocates for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Disputed questions of fact are involved. No ground for quashing of complaint dated 22.9.2005 (Annexure P8) and summoning order dated 2.9.2008 (Annexure P9) is made out. However, learned Additional Chief Judicial Magistrate, Kurukshetra, had not summoned the petitioners under Sections 379, 382, 380, 392, 395, 430, 427, 440, 445, 188 & 506 of the Indian Penal Code along with Section 3(iv) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989. Petitioners have been summoned for offence under Section 379 of the Indian Penal Code and Sections 3(v)(x) and 3(2)(vii) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, read with Sections 148 & 149 of the Indian Penal Code. Counsel for the petitioners submit that most of the allegations have not been believed by the Summoning Court. Counsel further Criminal Misc. No. M-992 of 2009 2 submits that in the present case, 32 persons have been arrayed as accused and it will disturb the harmony of the village, therefore, he pray that personal appearance of the petitioner be exempted before the trial Court. I find merit in this contention. Accordingly, personal appearance of the petitioners is exempted before the trial Court subject to filing an undertaking that they shall cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon them. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. On the furnishing of undertaking, the personal appearance of petitioners shall stand exempted. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 14, 2009 “DK”