Criminal Misc. No. M-13177 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-13177 of 2008 Date of Decision: 17.2.2009 Smt. Ritu Sethi and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Bipan Ghai, Senior Advocate with Ms. Harnam Dhillon, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondent No.1-State. Mr. Anupam Bhardwaj, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner No.1 is wife of elder brother of husband of the complainant. Petitioners No.2 and 3 are the elder sisters of the husband of the complainant. Petitioner No.4 is elder brother of husband of the complainant. They are facing prosecution in case FIR No. 177 dated 7.12.2007, registered at Police Station Division No. 7, Jalandhar, under Sections 406, & 498-A IPC. Counsel for the petitioners has fairly submitted that in the present case, report under Section 173 Cr.P.C. has been submitted. He has stated that he be permitted to withdraw the present petition with Criminal Misc. No. M-13177 of 2008 2 liberty to raise all arguments available to him before the trial Court at appropriate stage. In alternative, counsel for the petitioners has prayed that taking into consideration the relations of petitioners and the fact that they are settled far away from the matrimonial affairs of the complainant and her husband, therefore, personal appearance of the petitioners be exempted before the trial Court. I find merit in the alternative submission made by counsel for the petitioners. Accordingly, personal appearance of the petitioners is exempted before the trial Court subject to filing an undertaking that they shall cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon them. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. On the furnishing of undertaking, the personal appearance of petitioners shall stand exempted. As prayed, the present petition is dismissed as withdrawn with liberty aforesaid. (Kanwaljit Singh Ahluwalia) Judge February 17, 2009 “DK”