Criminal Misc. No. M-34137 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-34137 of 2008 Date of Decision: 12.1.2009 Rakesh Sharma and Another …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.R.S. Rai, Senior Advocate with Mr. Sumeet Goel, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Whether on facts the publication of the news was for the public good is a disputed question of fact, which can be decided on basis of evidence, which is to be led by the parties and its effect cannot be gone into in a petition under Section 482 Cr.P.C. In the present case, complaint was instituted in the year 1998. About 11 years are going to elapse. Petitioner No.2 has retired as Editor, otherwise also, offence of defamation is to be tried as summons case. Therefore, taking all these facts into consideration personal appearance of the petitioners can be exempted with liberty to raise all arguments before the trial Court at appropriate stage. Counsel has further stated that for charging the offence under Section 196(2) Cr.P.C. it was incumbent upon the complainant to obtain Criminal Misc. No. M-34137 of 2008 2 sanction from the District Magistrate for prosecution of the petitioner. Even though the first charge is under Section 499/500 read with Section 34 IPC. The personal appearance of petitioners is exempted 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. The present petition is disposed of in view of observations made above. (Kanwaljit Singh Ahluwalia) Judge January 12, 2009 “DK”