Criminal Misc. No. M-14650 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14650 of 2011 Date of Decision: 16.5.2011 Jagroop Kaur and Another …Petitioners Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Chander Shekhar, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioners has submitted that the petitioners being ladies were the bonafide sellers of the property and if their co-sharers had created any encumbrance upon the property, no criminal offence is made out against them. Before this contention could be considered, learned counsel for the petitioners has very fairly submitted that a final report under Section 173 Cr.P.C. has been submitted. A copy of the report under Section 173 Cr.P.C. has not been placed on the record. Otherwise also, whether any encumbrance was raised after sale by the petitioners or by their Co-sharers is a disputed question of fact. Learned counsel for the petitioners submits at this stage petitioners be permitted to withdraw the present petition with a liberty to raise all arguments before the trial Court at appropriate stage. However, Criminal Misc. No. M-14650 of 2011 2 learned counsel has made an alternative prayer that the petitioners being ladies are made to appear before the trial Court on each and every date, furthermore the criminal offence, if any, is also dependent upon the result of the civil case pending against co-sharers of the petitioners. Therefore, learned counsel prays that personal appearance of the petitioners before the trial Court be exempted. I find merit in the alternative prayer made in the present petition. As prayed, the present petition is dismissed as withdrawn with the liberty aforesaid. However, considering the fact that the petitioners are ladies, therefore, their personal appearance before the trial Court is exempted 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. (Kanwaljit Singh Ahluwalia) Judge May 16, 2011 “DK”