Ramesh Chopra Through Her Poa Devender Madaan v. Ut Chandigarh And Another

2024:PHHC:006172

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-42410-2023 (O&M) Date of Decision : January 18, 2024 RAMESH CHOPRA THROUGH HER POA DEVENDER MADAAN -PETITIONER V/S UT CHANDIGARH AND ANOTHER -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Abhinav Singla, Advocate for Mr. Naresh Gopal Sharma, Advocate for the petitioner.

Mr. Ankur Bali, Addl. P.P., U.T. Chandigarh.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner seeks issuance of directions upon the learned Judicial Magistrate 1st Class, Chandigarh, to decide the case, i.e. Complaint No.NACT/17859/2018, titled as "Ramesh Chopra V/s Rajesh Anand", in a time bound manner.

2.

The learned counsel for the petitioner, in his asking for the relief (supra), submits that since the complaint (supra) has been pending adjudication before the learned trial Court for the past five years, therefore, the petitioner, who is a senior citizen aged about 80 years and is suffering from various old age ailments, is suffering harassment owing to delayed conclusion of the trial, as launched in the complaint (supra). Resultantly, he prays for issuance of directions (supra) upon the learned DEVINDER YADAV 2024.01.19 09:14 I attest to the accuracy and authenticity of this order/judgment

CRM-M-42410-2023 (O&M) 2024:PHHC:006172 trial Court concerned.

3.

A perusal of the case file reveals that the wife of the respondent No.2/accused had filed an application under Section 329 of the Cr.P.C. before the learned trial Court, which is also pending adjudication. 4.

Considering the innocuous and bona fide prayer made by the learned counsel for the petitioner, coupled with the fact that the application under Section 329 of the Cr.P.C. has direct impact on outcome of the trial of the complaint (supra), this Court deems it appropriate to direct the learned trial Court concerned to make an expeditious decision upon the application (supra), if the same is yet pending, and, to expeditiously conclude the trial of the complaint (supra). 5.

Disposed of accordingly.

6.

Pending application(s) also stand disposed of accordingly. (KULDEEP TIWARI) January 18, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.01.19 09:14 I attest to the accuracy and authenticity of this order/judgment