Crl.Misc.No.M-30371 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-30371 of 2008 Date of Decision: 20 - 2 - 2009 Swaran Singh and others .....Petitioners v. Avtar Singh and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Pritam Saini, Advocate for the petitioners. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Disputed questions of fact are involved. No ground is made out to quash the summoning order dated 12.12.2005 especially when preliminary evidence led by the complainant has not been placed on record. In a petition under Section 482 Cr.P.C. appreciation of evidence is not permissible. At this stage, counsel for the petitioners state that all family members including three ladies, petitioner No.2 Jaswinder Kaur, petitioner No.4 Neetu @ Raj Rani and petitioner No.5 Smt.Matya Kaur @ Satya Devi have been arrayed as accused. He pray that personal presence of the ladies be exempted. I find merit in this contention of counsel for the petitioners. Accordingly, personal presence of petitioner No.2 Jaswinder Kaur, petitioner No.4 Neetu @ Raj Rani and petitioner No.5 Smt.Matya Kaur @ Crl.Misc.No.M-30371 of 2008 [2] Satya Devi is exempted subject to their furnishing undertaking that they shall cause 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 also incorporate any other condition in the undertaking to be submitted by them. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 20, 2008. JUDGE RC