Ashwani Kumar Singh, J. - (1.) HEARD learned counsel for the petitioners and learned Additional Government Advocate. By means of this petition filed under Section 482 Cr.P.C. read with Section 483 Cr.P.C., the petitioners have prayed that the attendance of the petitioners during trial may be dispensed with and they may be allowed to appear through counsel before the court of Special Chief Judicial Magistrate(Custom), Lucknow in criminal case no. 1158 of 2012.
(2.) BRIEF facts of the case are that opposite party no. 2 Smt. Alka Shukla has initiated criminal proceedings(criminal case no. 1158 of 2012 State versus Major Rahul Shanker Bhardwaj and others arising out of case crime no. 177 of 2012 under Sections 498A, 323, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, police station Ghazipur, district Lucknow) against petitioner no. 1 Major Rahul Shanker Bhardwaj, husband, petitioner no. 2 Ashok Kumar Sharma her father -in -law, petitioner no. 3 Smt. Shail Sharma, her mother -in -law and petitioner no. 4 Mohini Bhardwaj her sister -in -law. Learned counsel for the petitioners submits that all four petitioners are on bail. The criminal proceedings initiated by opposite party no. 2 Smt. Alka Shukla are pending before the court of Special Chief Judicial Magistrate(Custom), Lucknow.
(3.) LEARNED counsel for the petitioners submits that petitioner no. 1 is serving in the Army and at present posted at Ranchi. Petitioner no. 2 father -in -law and petitioner no. 3 mother -in -law are aged person. Petitioner no. 4 is unmarried daughter of petitioner nos. 2 and 3 and all the three are residing together at C -8, M.B.S. Nagar Colony, Station Road, Kota Jn. District, Rajasthan -324002 i.e. they are residing far away from Lucknow court where the case is pending.;