Tejinder Kaur v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2203-2018 Date of Decision: 20.04.2023 Tejinder Kaur ......... PeƟƟoner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Gurcharan Dass, Advocate for the peƟƟoner. Mr. Virat Rana, AAG, Punjab.

Mr. Jitender Singh Dadwal, Advocate for respondents No. 2 to 9. **** ANOOP CHITKARA, J. (ORAL) 1.

Aggrieved by dismissal of the applicaƟon under SecƟon 311 Cr.P.C vide which was rejected to the trial Court on the grounds that on three Ɵmes the peƟƟoner had appeared but did not avail the opportunity to recƟfy the mistake, he has come up before this Court.

2.

The peƟƟoner's stand is that some documents were placed on record by way of photocopies because the originals were with the police. Inadvertently the original were not proved and now he seeks opportunity to prove the same. 3.

The trial Court rejected the applicaƟon on the ground that despite further two opportuniƟes when PW-1 had appeared in the Court she did not take any steps to prove the same and now this is a delay tacƟcs. 4.

I have gone through the order which reflects that the trial Court adopted a techincal approach what the peƟƟoner wants, she has to prove exhibits in accordance with law and for this small point alone, this maƩer is pending for the last five years in this Court. 5.

In the enƟrety of facts and circumstances, the present peƟƟon is allowed to the following extent:

(a) ParƟes to appear before the trial Court on 01.05.2023. (b) PW-1 shall prove all the documents on or before 05.05.2023. (c) No further adjournment shall be given.

(d) The trial be expedited.

It is clarified that trial Court shall provide enough Ɵme to parƟes to prove their stand/defence.

(ANOOP CHITKARA) JUDGE 20.04.2023 JyoƟ-II JYOTI 2023.04.24 14:53 I attest to the accuracy and integrity of this order/judgment.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No