Gaurav Bhardwaj v. Dhruv Bhardwaj Through Her Mother Shaloo Gupta

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 24.01.2023 Gaurav Bhardwaj ......... Petitioner

Versus

Dhruv Bhardwaj Through her mother Shaloo Gupta ..... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.K.V.Nanda, Advocate for the petitioner.

Mr. Amish Sharma, Asstt. A.G., Punjab.

**** JAGMOHAN BANSAL , J. (Oral) On 25.05.2022, the following order was passed : "Petitioner is seeking issuance of directions to the trial Court for expeditious disposal of the complaint filed under Section 340 of the Code of Criminal Procedure titled as "Dhruv Bhardwaj through Shaloo Gupta Versus Gaurav Bhardwaj".

It has been stated that the reply is not being filed by the respondents despite repeated adjournments. The next date of hearing in the trial Court is 20.07.2022.

The report from the trial Court with regard to the status of the case be called for 08.08.2022."

Report dated 08.08.2022 has been received from JMIC, Chandigarh. The same is taken on record. The relevant extract of the

-2report read as:- "It is respectfully submitted that the application titled as "Dhruv Bhardwaj Versus Gaurav Bhardwaj" under Section 340 Cr.PC was filed on 07.02.2019. Thereafter, notice of the application was issued to the respondent for 27.03.2019. On 27.03.2019, fresh power of attorney on behalf of applicant was filed and respondent also put his appearance and case was fixed for filing reply for 22.04.2019. Thereafter, vide order dated 04.04.2019 passed by Ld. Chief Judicial Magistrate, Chandigarh, present case was transferred to this court. On 23.04.2019, case received by way of transfer to the court of Sh. Sachin Kumar, Id.

Predecessor of this court and thereafter, case was fixed for 31.07.2019 for filing reply to the application. Thereafter, on dated 31.08.2019, counsel for the respondent sought adjournment for filing reply and thereafter, case was fixed for 18.09.2019. On 18.09.2019, the court was on leave and case was fixed for 18.10.2019. On 18.10.2019, 29.11.2019, 30.01.2020, 26.02.2020 adjournment was sought by proxy counsel for the respondent for filing reply. In view of Instructions issued by Hon'ble Punjab & Haryana High Court, Chandigarh regarding precautionary measure in the wake of pandemic Novel Coronavirus, case was also adjourned. After resuming work, none has come present on behalf of respondent for two dates of hearing

-3and notice to the respondent was issued. One last and final opportunity is granted to respondents to file reply to application, in case, respondents fails to file reply to application, then court shall further proceed with in accordance with law. It is submitted that case is fixed for 20.07.2022 for filing reply to application."

In view of submissions of learned counsel and report of trial court, the trial court is requested to expedite the final disposal of pending petition.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 24.01.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No