#14 % 18.08.2011 Present: Ms.Sunil K. Mittal, Advocate for the petitioners. Ms. Jasbir Kaur, APP for the respondent No.l/State. Mr. Jayant Sood, Advocate for respondent No.2. +Crl.M.C. No.1493/2010 & Crl.M.A. No.5957/2010(stay} // At the outset, it is submitted on behalf of the complaint/respondent no.2 that present petition under Section 482 Cr.P.C. is not maintainable for the reason that the petitioners will have an efficacious remedy available in terms of Section 239 Cr.P.C. which gives them right to make th2ir submissions factual and legal against the framing of charge against them. Thus, he presses for dismissal of the petition. Learned counsel for the petitioners, on the contrary, submits that the complaint is nothing but a ploy to harass the petitioners who are related to the husband of the complainant/respondent No.2. He submits that the petitioners are citizens/residents of USA and the pendency of these proceedings will put them to unnecessary inconvenience and financial burden as they will have to appear in the court for making submissions on the point of charge. Learned counsel submits that if the petitioners are permitted to be represented through counsel till the orders on point of charge, the petitioners would prefer to withdraw this petition with liberty to make their submissions for their discharge in the case before the concerned court. T T TT 1 r ITI T T TT y-- T 1-,--- TT T • T r- T-T.- - T ---w-w--- Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified . ·Ii c Learned APP as well as counsel for respondent No.2 has no objection/ if the personal presence of the petitioners is exempted through counsel till the decision of the trial court on the point of charge. In view of the above, petition is dismissed as withdrawn. However, the personal presence of the petitioners shall remain exempted through counsel till the decision on the point of charge. Order Dasti. Needless to say that learned Magistrate shall consider the submissions made on behalf of the petitioners and dispose of the issue on .i-> charge expeditiously. AUGUST 18,2011 pst (AJIT BHARIHOKE) JUDGE rrr 1111 r r 11r r