Raj Bansal And Another v. Ut Of Chandigarh And Others

Main case (O&M) 1.

The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking expeditious disposal of the application filed by the petitioners under Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 319 of the Code of Criminal Procedure, 1973) for summoning respondents No.4 to 6 as additional accused. 2.

It is contended that the aforesaid application has remained pending for the last about seven months. It is submitted that the learned trial Court has adjourned the matter on several occasions, initially for seeking a reply from the respondents and thereafter observed that the application would be considered along with the main trial.

3.

Learned counsel appearing for the U.T., Chandigarh, submits that the application under Section 358 of the BNSS has been filed by the petitioners seeking summoning of respondents No.4 to 6 as additional accused to face trial along with the accused already facing trial. It is further submitted that an application under Section 358 of the BNSS can be decided at any stage of the trial before the pronouncement of judgment. 4.

In the present case, the prosecution has already concluded its evidence and the entire material necessary for adjudication of the said application is already available on the record. Therefore, the learned trial Court is required to decide the application one way or the other before proceeding to pronounce the final judgment.

5.

In view of the above, without expressing any opinion on the merits of the case, the present petition is disposed of with a direction to the

learned trial Court to decide the application filed under Section 358 of the BNSS, preferably within a period of 15 days before the decision of the final trial.

6.

Pending miscellaneous applications, if any, are also disposed of. (VIRINDER AGGARWAL) 02nd July, 2026 JUDGE S. Pathania Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No