Criminal Misc. No. M-33744 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-33744 of 2008 Date of Decision: 27.1.2009 Birbal Dass and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Harpreet Singh Rakhra, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) On the observations made by this Court that there are specific allegations against the relations of Meena Rani, counsel for the petitioners submits that petitioner No.1 is father-in-law, and petitioner No.2 is mother-in-law. He further submits that petitioners No.3 and 4 are brother and sister of Krishan Lal, husband. He further stated that in the present case earlier Bathinda Police found the allegations to be false and held that only Krishan Lal, husband, is responsible. On a query raised that how disputed question fact can be entertained in a petition under Section 482 Cr.P.C., counsel submits that he be allowed to withdraw the present petition with liberty to raise all arguments before the trial Court. As prayed, the present petition is dismissed as withdrawn with liberty aforesaid. Criminal Misc. No. M-33744 of 2008 2 Counsel for the petitioners, in alternative, has submitted that since husband Krishan Lal is main accused, therefore, taking the relationship of the petitioners into consideration, their personal appearance be exempted before the trial Court. I find merit in the alternative submissions 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. (Kanwaljit Singh Ahluwalia) Judge January 27, 2009 “DK”