Sheikh Mustafa And ORS v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-36136-2020 (O&M) Date of Decision:- 16.12.2020 Sheikh Mustafa and ors.

... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.C. Shahpuri, Advocate, for the petitioners. Ms. Sheenu Sura, DAG, Haryana.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) Status report by way of affidavit of Sh. Virender Singh, Superintendent of Police, Crime, Headquarters, Panchkula, has been filed by the learned State counsel which is taken on record. Along with the affidavit, a statement containing details of identical cases registered in Haryana has been annexed. A perusal of the said statement (Annexure P-1) would reveal that as many as 11 cases were registered in State of Haryana out of which 7 are stated to have been disposed of mainly by way of imposition of fine while 2 matters are pending for investigation i.e. one at Gurgaon and one at Yamunanagar, IG Range, Ambala, one FIR has been cancelled at Gurgaon and one FIR is pending for trial at Ambala.

MOHAN SINGH 2020.12.16 19:25 I attest to the accuracy and integrity of this document

- 2 - CRM-M-36136-2020 (O&M) Upon a query made by this Court as to whether the State is intending to move any application for transfer of all the pending cases to one District, the learned State counsel informed that since it is only 3 cases which remained either under investigation or under trial out of which 2 are at Ambala and the 3rd one is at Gurugram in respect of a person who belongs to Gurugram, the State is not intending to move any application for transfer of any application.

In view of the aforestated position, the petition is disposed of with a direction to the trial Court at Ambala to take all necessary steps for expeditious disposal of the trial. Needless to mention in case recording of evidence by physical process is not possible or feasible or is not safe, then necessary steps shall be taken for recording the statement of the witnesses through video conferencing subject to the condition that the accused/their counsel extends full cooperation for the same. An effort be made to dispose of the cases within a period of 3 months from today provided the present circumstances of spread of Pandemic do not cause any kind of threat or lead to compromising the safety of any of those associated with the trial.

The petition stands disposed off accordingly. December 16, 2020 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2020.12.16 19:25 I attest to the accuracy and integrity of this document