Ajai Lamba, J.

1. The question posed before this Court for determination is whether it is correct, proper and legal for a trial Court to hear arguments, prepare and sign a judgment and put it in a sealed cover, in view of transfer of Presiding Officer, to be pronounced by the successor Presiding Officer, in case an accused, despite summoning, does not appear before it ?

2. Challenge in this petition is to order passed by the Presiding Officer, Special Court, Kurukshetra, dated 30.5.2008, which reads as under :-

"Smt. Bharti Arora, S.P., is again not present in person in spite of opportunities given to her for personal hearing. Neither she is present nor any application for exemption has been moved on her behalf. DSP Ram Phal is also not present and no application for his exemption has been moved. Record shows that a number of times opportunities were granted to Smt. Bharti Arora S.P. to appear in person for her personal hearing, but not even once she has appeared, which shows that neither she wants to avail any opportunity of personal hearing nor wants to appear in person before the Court. No person is above law. Since Smt. Bharti Arora SP fails to appear in person and also