125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25346-2025 Date of decision: 04.07.2025 Yogesh Sharma ....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Atul Sharma, Advocate for the petitioner. Mr. Subhash Godara, Addl.A.G., Punjab. 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.0067 dated 23.09.2024 under Sections 447/448/427/34 of IPC registered at Police Station Smalsar, District Moga. Learned counsel for the petitioner 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 petitioner from personal appearance before the learned trial Court as the petitioner is a resident of Ludhiana and his trial is progressing at Moga, therefore, attending trial on each and every date would cause great hardship and inconvenience to him as well as affect his livelihood. The instant petition is dismissed as withdrawn with the liberty aforesaid.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 AJAY GOSWAMI 2025.07.04 18:30 I attest to the accuracy and integrity of this document CRM-M-25346-2025 -2- another’ 2023 (2) Law Herald 1498, the personal appearance of the petitioner before the learned trial Court is ordered to be exempted, subject to the following conditions:- i) petitioner shall be represented through his counsel; ii) shall not delay/stall the trial proceedings; iii) shall not dispute his identity as accused; iv) shall have no objection if the prosecution evidence is recorded in his absence but in the presence of his 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 04.07.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY GOSWAMI 2025.07.04 18:30 I attest to the accuracy and integrity of this document