Shiv Kumar v. Arun Khanna And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-42257-2024 Date of decision: August 30th, 2024 Shiv Kumar Yadav ....Petitioner

Versus

Arun Khanna and another ....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Krishan Singh Dadwal, Advocate for the petitioner.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for directing the learned Additional Sessions Judge, Panipat, to decide the interim prayer for staying the further proceedings before the learned trial Court in complaint case No.5/14 titled as 'Arun Khanna Versus Shiv Kumar Yadav' in CRR No.23 dated 15.02.2024.

2.

Learned counsel for the petitioner submits that earlier the petitioner had approached this Court by way of CRM-M-38629-2021 (Annexures P-3 and P-4) to impugn the criminal complaint in question as well as the order vide which he had been summoned in the aforementioned criminal complaint. This Court vide order dated 30.09.2021 had stayed proceedings before the trial Court in the complaint in question, however, subsequently vide order dated 30.01.2024, the petition was disposed of with liberty to the petitioner to approach the revisional Court to impugn the order framing charges against him. It has been contended by the learned counsel that soon thereafter, the petitioner approached the learned revisional Court on PUNEET SACHDEVA 2024.08.30 11:55 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-42257-2024 -215.02.2024, however, no decision had been taken in the revision, which was pending before the revisional Court. After arguing for some time, learned counsel submits that the petitioner would be satisfied if the Court concerned can be directed to decide his application for interim prayer, expeditiously in accordance with law since the trial is simultaneously continuing before the learned trial Court and has been categorized as 'time bound case'.

3.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

In the facts and circumstances, the revisional Court concerned is directed to make earnest efforts to decide the application dated 22.07.2024 (Annexure P-8) expeditiously in accordance with law. 5.

The petition stands disposed of accordingly.

6.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

August 30th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.30 11:55 I attest to the accuracy and integrity of this document Chandigarh