Rajesh Kumar v. Chanan Ram And ORS

CRM-M-22649-2018 and connected case --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-22649-2018

Reserved on: 09.02.2023

Pronounced on: 27.04.2023 Rajesh Kumar ......Petitioner Vs.

Chanan Ram and others ......Respondents CRM-M-34898-2018 Brijesh Kapoor ......Petitioner Vs.

Chanan Ram and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rohit Mittal, Advocate for the petitioner(s). Mr. Arihant Jain, Advocate for respondent No.1.

*** ANOOP CHITKARA J.

This order shall dispose of two petitions as mentioned above. 1.

Seeking quashing of summons issued in the complaint filed by Chanan Ram, the accused had come up before this Court under Section 482 CrPC. 2.

The present petition bears the filing date as 30.05.2018 wherein the prayer was to quash the summons whereas it was well within the knowledge of the petitioner that charges had already been framed on 09.05.2016. Perusal of the petition and the prayer, nowhere specifically mentions that the petitioner wanted to challenge the charges. In fact the petitioner had filed a separate petition against charges before the Sessions Court which was allowed and the matter was remanded back to the trial Court. Challenging the said order of remand the complainat-Chanan Ram had come to this Court and vide judgment of the even date passed in CRM-M-23304-2017, this Court upheld the order passed by the Sessions Court and has also ordered the trial to be expedited. 3.

Thus, in the entirety of facts and circumstances of the case, the present petition is not maintainable and dismissed because the charges were framed which were separately challenged by the accused/petitioner himself and matter has been referred to the ANJU RANI 2023.04.27 17:03 I attest to the accuracy and integrity of this document

CRM-M-22649-2018 and connected case --2-- trial Court for re-consideration on the point of charges. it is clarified that the trial Court would give ample opportunity and fair hearing to the accused before passing of the order of framing of charges. The parties are directed to appear before the concerned Court on 15.05.2023. The trial Court to expedite the trial on priority preferably till 15.08.2023 and not later than end of this year.

Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 27.04.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.04.27 17:03 I attest to the accuracy and integrity of this document