IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.9460-M of 2008 Date of decision : 04-02-2009 Jaswant Singh and others ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Divjyot S.Sandhu, Advocate, for the petitioners. Mr. Anter Singh Brar, DAG, Punjab. Mr. G.K. Chawla, Advocate, for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (Oral) Counsel for the petitioner submit that case FIR No.183 dated 01-11-2007 was registered at his instance against Balwinder Singh, Chanan Singh and Balwinder Kaur u/s 323/324/325/34 IPC. Counsel for the petitioners submit that for the same incident, the complaint has been instituted wherein cross version has been projected. The grievance of the petitioner is that this complaint is highly belated as same has been filed after 7 months. The fact of the delay authenticity of the cross-version are to be examined by the trial Court on the basis of the evidence adduced by the parties. Therefore the truth and veracity of the allegations cannot be verified in a petition u/s 482 Cr.P.C. Present petition cannot be entertained and therefore the same is dismissed. Taking into consideration the fact that allegation is of causing simple injury, personal presence of the petitioners before the trial Court is exempted subject to filing an undertaking that they shall cause Crl. Misc. No.9460-M of 2008 -2- 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. (KANWALJIT SINGH AHLUWALIA) 4-2-2009 JUDGE manju