IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-14801 of 2008 Date of decision: 24th February, 2009 Gurwinder Kaur and others … Petitioners Versus Shudneet Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Lalit Goel, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On June 6, 2008, a Coordinate Bench had passed the following order: “Learned counsel contends that the complaint has been instituted by the respondent against the petitioners as a counter-blast to the litigation earlier initiated by Gurwinder Kaur-petitioner against him. Notice of motion for 13.8.2008. Meantime, the petitioners shall surrender in the Court of learned Judicial Magistrate Ist Class, Batala on or before 13.6.2008. In the event of their doing so, they be admitted to bail by the said Court to its satisfaction. After the grant of bail, in case any application is filed by Gurwinder Kaur, Jagir Kaur, Rani, Kulbir Kaur wife of Jarnail Singh, Kulbir Kaur wife of Karnail Singh, Kulwant Kaur and Bholi wife of Hardev Singh-petitioners for the grant of exemption from personal appearance, the same be considered sympathetically by the learned Judicial Magistrate Ist Class. Criminal Misc. No. M-14801 of 2008 Sd/- June 06, 2008 (T.P.S. MANN) JUDGE” Counsel for the petitioner has submitted that in view of the disputed questions of involved, he may be permitted to withdraw the present petition to raise all arguments before the trial Court. Counsel has further stated that since essentially at the instance of husband, relations of wife have been made to face trial, their personal appearance before the trial Court may be exempted. Counsel has further submitted that brothers of Gurwinder Kaur (wife), i.e. Karnail Singh and Jarnail Singh will attend the proceedings before the Court and personal appearance of other accused may be exempted. I find merit in this alternative prayer made by the counsel for the petitioners. Accordingly, personal appearance of petitioner No.1, 2 and 5 to 12, before the trial Court, is exempted, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court. They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. However, Karnail Singh and Jarnail Singh, brothers of Gurwinder Kaur, shall continue to appear before the trial Court. As prayed, present petition is dismissed as withdrawn with liberty to the petitioners to raise all arguments, available to them under law, before the trial Court at appropriate stage. [KANWALJIT SINGH AHLUWALIA] JUDGE February 24, 2009 rps 2