Crl. Rev. No. 2217 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 2217 of 2011 (O&M) Date of Decision: November 15, 2011 Daljit Singh …..Petitioner Vs. State of Punjab and another …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ashok Giri, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Whether the petitioner had actually made an attempt to strangulate the complainant with a dupatta, as claimed by her in her statement made in the Court, is required to be determined during trial. The petitioner has been summoned as an additional accused despite the fact that two enquiries held by the police found the petitioner innocent. It will not be appropriate at this stage on appreciation of the statement of Kamaljit Kaur, complainant to prima facie form an opinion whether it is a case of false implication or the petitioner had actually made Crl. Rev. No. 2217 of 2011 (O&M) [2] an attempt to kill the complainant or to form an opinion whether the circumstances warrant the conviction of the petitioner on the basis of the corroborated/ uncorroborated testimony of complainant. The only relief which can be granted to the petitioner at this stage is the liberty to seek exemption by filing an application as there is no dispute regarding the identity of the petitioner and he can be represented through an Advocate. The evidence in the present case can be recorded in presence of the counsel for the petitioner by exempting the personal appearance of the petitioner as per provisions of Section 273 Cr.P.C. and Section 317 Cr.P.C. Without expression of any opinion on merits of the case, the petition is dismissed with a direction that in case the petitioner moves an application for exemption from personal appearance, the same would be allowed subject to any conditions imposed by the trial Court. It will be open to the trial Court to record the statements of prosecution witnesses in presence of the counsel for the petitioner engaged before the trial Court. November 15, 2011 (M.M.S.BEDI) sanjay JUDGE