High CourtsSingle Bench

Sanjeev Berry and Another vs State of Haryana and Another

Punjab And Haryana At Chandigarh · Decided on 11 February 2009 · Citation: (2009) 02 P&H CK 0044

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482
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Judgment

4 paragraphs · 202 words

Kanwaljit Singh Ahluwalia, J.—No body was present on November 20, 2008 for the petitioners. Today again, none has caused appearance.

2.

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.

3.

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, u/s 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 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.

4.

With these observations, present petition is disposed off.