Avtar Singh Mundi v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM No.17206-CWP of 2021 in/and CWP No.20803 of 2021 Date of Decision: 25.11.2021 AVTAR SINGH MUNDI ......Petitioner Vs STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mohd. Yousaf, Advocate for the applicant-petitioner.

**** RAJ MOHAN SINGH, J.(Oral) CM No.17206-CWP of 2021 This is an application for preponing the date of hearing of the main case which is already fixed for 22.12.2021. Learned counsel for the applicant-petitioner submits that in the main petition the prayer is for directing the trial Court to conclude the trial of case bearing No.CIS No.CHI-29 of 2020 titled 'Punjab State vs. Avtar Singh Mundi etc.' in FIR No.199 dated 03.10.2019 registered under Sections 406 & 420 IPC and Section 13 of Travel Professional (Regulation) Act, 2014 at P.S. Goraya Jalandhar, District Jalandhar within a specified period.

 Petitioner is statedly in custody for the last more than two years. The offence is triable by the Magistrate. In any case, the trial has to be concluded in terms of Section 437(6) Cr.P.C., within a period of 60 days from the first date fixed for taking evidence. After framing of charges, the trial Court vide order dated 28.10.2020 fixed the case for prosecution evidence and summoned the witnesses for 11.11.2020, but till date the trial has not been concluded.

In view of aforesaid fact, learned counsel for the applicant-petitioner submits that the main petition be disposed of by directing the trial Court to conclude the trial as maximum punishment which may be awarded by the Magistrate under the offence in question is upto three years.

In view of submission made by learned counsel for the applicant-petitioner, let notice of this application be issued to respondent-State.

Mr. T.P.S. Chawla, D.A.G., Punjab accepts notice on behalf of the respondent-State and he has no objection to the aforesaid course.

In view of above, the application is allowed. Date of hearing of the main case is preponed and the case is taken up today.

This petition is disposed of with a direction to the trial

 Court to decide of case preferably within a period of two months in terms of Section 437(6) Cr.P.C.

(RAJ MOHAN SINGH) November 25, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No