IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-16762 of 2008
Date of decision: 11th February, 2009
Sanjeev Berry and another
... Petitioners
Versus
State of Haryana and another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: None for the petitioners.
Mr. S.S. Mor, Senior DAG Haryana for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
No body was present on November 20, 2008 for the
petitioners. Today again, none has caused appearance.
Petitioner No.1 is elder brother of the husband and petitioner
No.2 is father of the husband of respondent No.2. Charges have been
framed against the petitioners. Revision petition has been dismissed by the
Court of Sessions Judge.
In view of the specific allegations leveled against the
petitioners, no ground is made out to entertain the present petition for
quashing of the charge, under Section 482 Cr.P.C. However, taking into
consideration the relationship of the petitioners, their personal appearance,
before the trial Court is exempted, subject to their filing an undertaking that
they shall cause their 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
Criminal Misc. No. M-16762 of 2008
them. The trial Court may incorporate any other conditions in the
undertaking to be submitted by the accused. Petitioners will be at liberty to
raise all arguments, available to them under law, before the trial Court at
appropriate stage.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 11, 2009
rps