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As prayed, the present petition is dismissed as withdrawn with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”