132 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23735-2025 Date of decision: 02.05.2025 Ankit Aggarwal and others ....Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Munish Behl, Advocate for the petitioners. Ms. Geeta Sharma, DAG, Haryana. HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.44 dated 12.03.2021 under Sections 148/149/323/325/427/452/506 of IPC (Section 325 of IPC deleted later on) registered at Police Station Saha, District Ambala, and all consequential proceedings arising therefrom. Learned counsel for the petitioners wishes to withdraw the present petition with liberty to raise all the pleas taken in the present petition before the learned trial Court at appropriate stage during the course of the trial. However, he confines his prayer to the extent of seeking exemption of the petitioners from personal appearance before the learned trial Court on the ground that since 2021, after registration of FIR (supra), the petitioners are regularly appearing, however, in the cross case, the main accused has been declared as proclaimed offender and the prosecution has not produced even a single witness till date. Neha 2025.05.02 18:20 I attest to the accuracy and integrity of this document CRM-M-23735-2025 -2- The instant petition is dismissed as withdrawn with the liberty aforesaid. However, in view of the ratio laid down by this Court in CRM-M- 25963-2023 titled as ‘Suresh Kumar and another Vs. The State of Haryana and another’ 2023 (2) Law Herald 1498, the personal appearance of the petitioners before the learned trial Court is ordered to be exempted, subject to the following conditions:- i) petitioners shall be represented through their counsel; ii) shall not delay/stall the trial proceedings; iii) shall not dispute their identity as accused; iv) shall have no objection if the prosecution evidence is recorded in their absence but in the presence of their counsel; v) shall appear before the trial Court as and when required; and vi) any other condition, which the trial Court may impose. (HARPREET SINGH BRAR) JUDGE 02.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.02 18:20 I attest to the accuracy and integrity of this document