High Court of Punjab and HaryanaCRM-M/12486/2016disposed of

Tilak Raj v. Lakhwinder Singh And ORS

2019-08-27Mr. Justice Surinder Gupta2 pages

CRM-M-12486-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-12486 of 2016 (O&M) Date of Decision: August 27, 2019 Tilak Raj ..........PETITIONER

VERSUS

Lakhwinder Singh and others ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sushil Bhardwaj, Advocate for Mr. Satbir Rathore, Advocate for the petitioner.

Mr. Jasraj Singh, Advocate for the respondents.

******* SURINDER GUPTA, J.(Oral) Learned counsel for the petitioner has confined his submission only for permission to the petitioner to place on record the certified copy of statement of Avtar Singh recorded in case titled as 'State Vs. Tilak Raj'. He has not pressed the production of other documents mentioned in the application (Annexure P-6).

Learned counsel for the respondents has not seriously challenged the production of this document, however, subject to keeping his right to challenge its admissibility and relevance in the present case. In view of above facts, the present petition is partly allowed. The trial Court will allow the petitioner to place on record the certified copy of statement of Avtar Singh recorded in case bearing FIR No.97 dated JYOTI 2019.08.30 12:13 I attest to the accuracy and integrity of this document

CRM-M-12486-2016 25.04.2017, registered at Police Station Tanda for the offence punishable under Section 420 IPC titled as 'State Versus Tilak Raj.' It is, however, made clear that while allowing this petition, no comment is being made on the admissibility and relevance of this document, which will be looked into by the trial Court. Keeping in view the fact that the complaint filed by the petitioner is pending for the last 11 years, learned trial Court is directed to take up this complaint once in a week after receipt of copy of this order and dispose of the same on or before 30.11.2019. The petitioner will not be allowed any opportunity to lead further evidence after tendering the statement of Avtar Singh. However, the trial Court will give reasonable opportunity to the accused/respondents to produce their defence. ( SURINDER GUPTA ) JUDGE August 27, 2019 Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.08.30 12:13 I attest to the accuracy and integrity of this document