Crl.Misc. No.M-23071 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-23071 of 2011 (O&M) Date of Decision:August 01,2011 Dharamvir ...........Petitioner Versus State of Haryana and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Chanderhas Yadav, Advocate for the petitioner. ** Sabina, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of order dated 9.11.2009 (Annexure P3) whereby respondent No. 2 was granted exemption from personal appearance during trial. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. Petitioner has lodged the FIR in question under Sections 323, 324 and 506 of the Indian Penal Code . During the pendency of the trial, respondent No.2 moved an application (Annexure P2), for exemption of his personal appearance during trial,wherein it was averred that as the applicant was serving in the Army, it was not possible for him to Crl.Misc. No.M-23071 of 2011 2 appear before the Court on each and every date. On the said application, following order was passed on 9.11.2007:- “An application for seeking exemption of the personal appearance of the accused Arvind has been moved by his counsel. Heard. Keeping in view of the facts and circumstances mentioned in application, the personal appearance of the accused Arvind is hereby exempted till further order. On the request of the ld. Counsel for the accused, case is adjourned to 6.3.2010 for arguments on charges.” During the course of arguments, learned counsel for the petitioner has failed to point out that the trial has been delayed on account of exemption of personal appearance granted to the petitioner. Since respondent No.2 is serving in the Army, the trial Court had granted exemption from personal appearance to respondent No.2 during trial. In the facts and circumstances of the case, no ground for interference by this Court is made out. Dismissed. (Sabina) Judge August 01, 2011 arya