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High Court of Punjab and HaryanaCRM-M/40053/2024disposed of

Sukhmander Singh v. State Of Punjab And Others

2024-08-28Mr. Justice Anoop Chitkara2 pages

CRM-M No.40053-2024 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.40053-2024 (O&M) Date of order: 28.08.2024 Sukhmander Singh ... Petitioner(s)

Versus

State of Punjab & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Manpreet Singh, Advocate for the petitioner(s).

Ms. Swati Batra, DAG, Punjab (Through VC), *** ANOOP CHITKARA, J.

1.

The petitioner is aggrieved by absence of decision on the multiple representations made by him, in which he was pleading his innocence. He submits that the concerned authority(ies) did not take any decision on his representation(s) and rather, the police report was filed under Section 173(2) CrPC. 2.

Reply filed on behalf of respondent-State in Court is taken on record. 3.

State's counsel submits that charges were framed on 20.01.2024 and the matter is fixed for prosecution evidence on 09.09.2024. 4.

Considering the nature of allegations and more particularly, that the petitioner was a legal representative of his wife and on the face of it, there was absence of motive available for the petitioner because he was her successor, it shall be permissible for the petitioner to challenge the charges before the Sessions Court. Further proceedings before the trial Court shall remain stayed till 30.09.2024 to enable the petitioner to challenge the charges. However, it is clarified that if the petitioner does not file an appropriate petition for challenging the charges before the Sessions Court, this order of stay of proceedings before the trial Court shall stand recalled automatically. But in case the petitioner files a petition challenging the framing of charges, further stay of proceedings before the trial Court shall be subject to the order ASHWANI KUMAR 2024.08.29 13:13 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M No.40053-2024  passed by the appropriate Court before whom the framing of charges have been challenged.

5.

The petition is disposed of. All pending application(s), if any, shall stand disposed of.

(ANOOP CHITKARA) JUDGE August 28, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.08.29 13:13 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh