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High Court of Punjab and HaryanaCRM-M/18693/2024dismissed

Baljinder Singh v. State Of Punjab

2024-08-28Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-18693-2024 (O&M) Date of Decision:-28.8.2024 Baljinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anil Kumar Garg, Advocate for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

Learned counsel for the petitioner submits that he may be permitted to withdraw the instant petition at this stage with liberty to file afresh in case there is inordinate delay in conclusion of trial. 2.

In view of the aforesaid request, the present petition is dismissed as withdrawn at this stage with liberty aforesaid. 3.

However, keeping in view the fact that as on date 11 PWs out of cited 18 PWs have been examined and the remaining PWs are official witnesses, this Court deems it appropriate to issue the following directions: (i) The trial Court shall frame a schedule of dates in advance for summoning the witnesses and shall also endeavour to record the statements of the PWs whose presence is duly Pankaj Kakkar 2024.08.28 17:54 I attest to the accuracy and authenticity of this document

CRM-M-18693-2024 (O&M) ( 2 ) secured. Special Messengers be deputed for securing the presence of the PWs. If deemed necessary, a letter may be written to the Senior Superintendent of Police, concerned, for getting the needful done for ensuring timely presence of PWs.

(ii) The prosecution is directed to ensure the presence of all the PWs before the trial Court on the dates as may be fixed by the trial Court for recording prosecution evidence. The District Attorney concerned to take necessary steps for the purpose of securing the presence of the remaining PWs. 4.

The Trial Court is directed to ensure that the statements of the PWs are recorded as and when produced subject of course to the defence counsel extending utmost cooperation.

5.

Since it is only official PWs, who remain to be examined, the Senior Superintendent of Police concerned shall ensure that they duly appear before the Trial Court, whenever they are summoned by the Trial Court. 28.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.28 17:54 I attest to the accuracy and authenticity of this document