ASHWANI AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed to quash the order of the learned ACJM Ferozepur by which the application for exemption from personal appearance has been dismissed. The petitioners were prosecuted for the offences under Sections 409/420 Indian Penal Code in the Court of ACJM Ferozepur. On earlier occasions the petitioners moved an application to this Court for transfer of the case from JMIC Ferozepur to any other competent Court of any other district in the States of Punjab or Haryana. That application was disposed of by this Court on 24.3.99 directing the SSP Ferozepur to provide adequate security to the petitioners as and when they want to attend the Court and that the trial Court shall also ensure the safety of the petitioners. Again the petitioners moved another application for the same relief namely seeking transfer of the case to any other court. By an order dated 16.7.99 this Court disposed of the said application with the observations that "Let the petitioners may make the application at the first instance before the learned trial Court during the pendency of the trial that their presence may be exempted. If such application is moved by the petitioners the same shall be disposed of sympathetically." In pursuance of the said order the petitioners filed an application for their personal exemption on 24.7.99. On that application the impugned order has been passed. The learned ACJM Ferozepur has observed while dismissing the application for exemption of personal appearance that the accused are evading to receive the copies of the challan in FIR No. 250 dated 18.7.98. Learned counsel for the petitioners submits that the case now stands posted to 8.9.99 and the petitioners are prepared to attend the Court on that date to answer the charges that are framed against them and that their personal appearance for the subsequent days may be exempted.

(2.) I accordingly direct the petitioners to attend the Court on 8.9.99 on which date the learned ACJM Ferozepur shall consider and frame the charges against the petitioners on consideration of the material placed before him and record their statements to the charges.

(3.) In view of the fact that the petitioners are residents of Delhi and they also apprehend danger to their life while attending the Court at Ferozepur and since the petitioners themselves request that their personal attendance is not required during the course of the examination of witnesses and that they may be represented through the Advocate I allow the prayer of the petitioners for exemption from personal appearance during the course of trial after framing of charges on condition that the petitioners shall appear before the Court as and when their presence is required by the Court for any purpose.