Cr.Misc. M 36479 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 36479 of 2010 Date of decision:14.12.2010 Pritam Chand Rakra & Ors Petitioner vs. Sate of Haryana and another Respondent Present: Mr. Malkeet singh, Advocate. M.M.S.BEDI,J. The petitioners are facing trial in a criminal case, registered at the instance respondent No.2 u/s 406/498-A IPC. The petitioners, through the instant petition, seek transfer of the trial from Sirsa to any other place in Haryana or Chandigarh inter alia on the ground that petitioner No.1 is a 72 years old person suffering from various ailments and petitioner No.3 being married sister-in-law has undergone delivery recently. It has also been submitted that the launching of prosecution by respondent No.2 suffers from the vice of mala fide as the earlier FIR, registered by her at Rohtak, was quashed by the High Court. It is stated that complainant has already obtained a divorce from petitioner No.5. She is at present employed at Chandigarh, as such, no inconvenience will be caused to any one. I have heard learned counsel for the petitioners and considered all the facts and circumstances of the case. As the case stands registered at Sirsa and the place of investigation and trial has been chosen by the complainant- respondent after the first FIR having been quashed on the basis of lack of jurisdiction at Rohtak, it will be inconvenient to the prosecution witnesses to travel from Sirsa to Chandgiarh or any other Cr.Misc. M 36479 of 2010 2 place in Haryana. It has been informed that the charges have also not been framed in the case. In the interest of justice, the only appropriate relief, which the petitioners seem to be entitled to is that in case after the consideration of charges on the next date of hearing fixed before the trial court, the petitioners move an application for exemption from personal appearance specifying the reasons, which have been disclosed in this petition, the trial court will exempt the personal appearance of petitioners, especially petitioners 1 to 4, subject to any conditions imposed by the trial court. It will be open to the trial court to record the statement of the witnesses in presence of the counsel, as per the provisions of Section 273 Cr.P.C. by exempting the personal appearance of petitioners 1 to 4. It will be appreciated in case the trial is concluded expeditiously December 14 ,2010 ( M.M.S.BEDI ) TSM JUDGE