Puran Chand v. State Of Haryana

CRM-M-15585-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.129 CRM-M-15585-2026 Date of Decision: 23.03.2026 PURAN CHAND

...Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MS. JUSTICE MANDEEP PANNU Present:- Mr. Ankush Chowdhary, Advocate for the petitioner.

***** MANDEEP PANNU, J. (Oral) 1.

The petitioner, in the present petition filed under Section 528 of BNSS, has sought issuance of directions to the trial Court to decide the application moved by the petitioner/complainant for seeking medical opinion regarding the injuries of Shiv Kumar in case FIR No. 555 dated 16.07.2016, registered under Sections 148, 149, 323, 452, 506 IPC (corresponding Sections 191(3), 190, 115(2), 333, 351(2)/(3) of BNS, 2023) at Police Station Camp Palwal.

2.

It is submitted by the petitioner that the case is presently fixed for prosecution evidence. In the said case, Shiv Kumar is one of the injured persons. An application has been moved by the complainant for directing the Investigating Officer to obtain medical opinion specifically with regard to injury No. 1 sustained by the injured Shiv Kumar. However, no effective order is being passed on the said application and the same is being adjourned from time to time. Since the case is pending for prosecution evidence, it is necessary that the said application be decided at the earliest so that the prosecution evidence can be led effectively.

ANU 2026.03.24 10:06 I am the author of this document Chandigarh

CRM-M-15585-2026 3.

Notice of motion.

4.

On asking of the Court, Mr. Sushil Bhardwaj, Addl. A.G. Haryana accepts notice on behalf of respondent-State and submits that the case is fixed for prosecution evidence.

5.

Perusal of the paperbook reveals that the various orders passed by the trial Court, placed on record, indicate that the present application was filed on 29.11.2025 seeking direction to the Investigating Officer to obtain medical opinion regarding injury No. 1 of injured Shiv Kumar. It is also evident that the case is pending for examination of witnesses, including the doctors. However, the said application has not been decided till date. 6.

The application has been pending for a considerable period without any effective adjudication. In such circumstances, non-decision of the application is likely to prejudice the prosecution case, as recording of statements of medical witnesses without obtaining the requisite opinion regarding injury No. 1 would render the exercise futile and may adversely affect the just adjudication of the case.

7.

Accordingly, in the interest of justice, the present petition is disposed of with a direction to the trial Court to decide the aforesaid application expeditiously, preferably within a period of two weeks from the date of receipt of a certified copy of this order, so that further proceedings in the trial may be conducted effectively and without unnecessary delay. 8.

All pending applications, if any, also stand disposed of. (MANDEEP PANNU) 23.03.2026 JUDGE Anu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ANU 2026.03.24 10:06 I am the author of this document Chandigarh