IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5025 of 2009 Date of decision: 20th February, 2009 Ramandeep Singh and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. T.S. Sangha, Senior Advocate with Mr. Ashok Kumar, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, FIR was registered on 12th February, 2006. During the course of arguments, it has been stated that report under Section 173 Cr.P.C. has been submitted. Report under Section 173 Cr.P.C. submitted in the trial Court along with statements of witnesses recorded under Section 161 Cr.P.C. and documents annexed thereto are not before this Court. A contention has been raised that petitioners have not effected any sale. Whether petitioners have sold any land or not, is a question of fact, which can only be determined after going through the documents gathered by the investigating agency. After submission of report under Section 173 Cr.P.C., next essential step is framing of the charge. Petitioner may raise all arguments before the trial Court. At this stage, Mr.T.S. Sangha, on instructions from Mr.Ashok Kumar, has stated that that Harchand Singh and Ravinder Kaur are Criminal Misc. No. M-5025 of 2009 parents of Ramandeep Singh and taking into consideration their old age, their personal appearance before the trial Court may be exempted, as Ramandeep Singh will continue to defend the case on their behalf. In view of the submissions made by counsel for the petitioners, personal appearance of Harchand Singh petitioner No.2 and Ravinder Kaur petitioner No.3, 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. [KANWALJIT SINGH AHLUWALIA] JUDGE February 20, 2009 rps