JOGINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2006-5-232
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 17,2006

JOGINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Surya Kant, J. - (1.) (Oral)
(2.) THE prayer in this petition is for quashing of FIR No.189 dated 11.12.2003, under section 498-A IPC, registered at Police Station Mukerian, District Hoshiarpur. At the outset, Learned State Counsel has informed that after presentation of challan and framing of charges, the prosecution has already started leading its evidence and two witnesses have been examined. In view of the above stage of the trial, it is neither expedient nor desirable to interfere in the matter. Consequently, this petition is dismissed. However, having regard to the fact that petitioners No.2 and 3 are married women and are fastened with family liability apart from looking after their minor children and their co-accused can also protect and vouchsafe their interest in the trial, liberty is granted to Lakhwinder Kaur @ Narinder Kaur and Surinder Kaur to move an application for their personal exemption and if any such application is moved by them, the trial court shall grant them exemption from personal appearance, however, subject to the following conditions:- (i)will be represented through counsel; (ii) will not delay/stall the trial proceedings; (iii) will not dispute their identity as accused; and (iv) will have no objection if the prosecution evidence is also recorded in their absence but in the presence of their counsel. Disposed of.;


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