AJAY SARNA Vs. ARCHANA SARNA

JUDGEMENT

(1.) Learned counsel for the Petitioners submitted that the grievance of the petitioners is that an earlier F. I. R. was investigated by the Police Station (Crime against Women cell) and that fact had not been noticed by the present Investigating agency which has chosen to charge- sheet the case against the petitioners. This is a matter, if petitioners find it worth taking up, to be brought to the notice of the trial court. We do not wish to go into the merits of these contentions now.

(2.) Learned counsel then submitted that petitioners are aged people and it is practically of great hardships and difficulties for them to go all the way from chandigarh to Delhi for the purpose of attending the court on the posting dates. We permit them to apply for personal exemption from appearance. If they make any such applications (after making the initial appearance) the trial court shall grant them exemption from appearance on the following conditions : 1. that they will not dispute their identity as the accused in the case : 2. that a counsel on their behalf will appear for them in the court when the case is taken up : and 3. they themselves will be present in the court when their presence is imperatively needed.

(3.) With these observations the Special Leave Petition is disposed of.