Criminal Misc. No. M-11721 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
1. Criminal Misc. No. M-11721 of 2008
Date of Decision: 17.3.2009
Suman Bhardwaj
...Petitioner
Versus
State of Punjab and Another
...Respondents
AND
2. Criminal Misc. No. M-12302 of 2008
Madhu Bala alias Sunita
...Petitioner
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. J.S. Chahal, Advocate
for the petitioners.
Mr. Anter Singh Brar, Deputy Advocate
General, Punjab, for respondent No.1-State.
Mr. A.S. Kalra, Advocate
for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
By this common order, two petitions i.e. Criminal Misc. No. M-
11721 of 2008 titled as “Suman Bhardwaj v. State of Punjab and
Another” and No. M-12302 of 2008 titled as “Madhu Bala alias Sunita v.
State of Punjab and Another” will be decided together.
Criminal Misc. No. M-11721 of 2008 2
Mr. J.S. Chahal, Advocate, appearing for the petitioners, has
stated that petitioners Suman Bhardwaj and Madhu Bala alias Sunita,
petitioners, were empty handed. He further submitted that Suman
Bhardwaj had raised lalkara, whereas Madhu Bala alias Sunita had
caught hold of Lakhwinder Singh. In the occurrence, injury was caused
by Devinder alias Laddi.
Mr. A.S. Kalra, Advocate, appearing for the complainant-
respondent No.2, has submitted that in the present case, report under
Section 173 Cr.P.C. has been submitted. Case has been committed to
the Court of Sessions Judge, Gurdaspur and charges have been framed
against the petitioners and now the case is fixed for prosecution
evidence.
Counsel for the petitioners submits that he be permitted to
withdraw the present petitions to raise all arguments before the trial
Court at appropriate stage.
As prayed, the present petitions are dismissed as withdrawn
with liberty aforesaid.
However, it has been submitted by counsel for the petitioners
that since petitioners are ladies, their personal appearance before the
trial Court be exempted.
I find merit in the 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
Criminal Misc. No. M-11721 of 2008 3
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
March 17, 2009
“DK”