Sukhjit Singh v. Tajinder Sahai And ORS

CRM-M-26476-2023 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26476-2023 (O&M) Decided on : 05.09.2025 Sukhjit Singh . . . Petitioner

Versus

Tajinder Sahai and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY PRESENT: Mr. Vivek K. Thakur, Advocate for the petitioner.

Mr. A.S. Khinda, Advocate for the respondents.

**** AMAN CHAUDHARY, J. (Oral) 1.

Learned counsel for the petitioner submits that the complainant is the author of the FIR and prior to the passing of the impugned order dated 15.12.2022, the Bar was abstaining from work, hence his evidence could not be recorded, thus prays for one opportunity to lead pre-charge evidence, which may even be subject to costs.

2.

This Court in Kashmir Singh vs. Harjinder Kaur and Others, CRM-M-30260-2011 and Kulwant Singh vs. Balbir Singh and Others, CRM-M-6421-2012, decided on 22.01.2015 and 09.09.2013 respectively, involving similar facts and circumstances, allowed such prayers and the orders closing pre-charge evidence were ultimately set aside. 3.

Learned counsel for the respondents despite his best efforts has not been able to controvert the factual position and draw out any distinctive aspects in the aforementioned judgments or cite any contrary law. VISHAL VARDHAN 2025.09.08 18:41 I attest to the accuracy and integrity of this order and judgment

CRM-M-26476-2023 - 2 - 4.

The goal of a criminal trial is to arrive at the truth, and procedural laws must aid, not obstruct it. This Court, while being mindful of the fact that the trial Court has already been generous in granting opportunities to the prosecution, is still of the view that, in the interest of justice, one further opportunity be granted to the petitioner to lead his evidence, so as to avoid any failure of justice, which shall be subject to payment of costs of Rs.10,000/- to respondents Nos.1 to 4. 5.

In order to balance the equities, whilst also not overlooking the right of an accused to a speedy disposal of the case, the trial Court is directed to ensure that the proceedings are concluded expeditiously, in accordance with law. 6.

Disposed of, accordingly.

(AMAN CHAUDHARY) JUDGE September 05, 2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.09.08 18:41 I attest to the accuracy and integrity of this order and judgment