High Court of Punjab and HaryanaCRM-M/45230/2024dismissed

Radhey Shyam Jhunthra v. Devki Goyal

2024-09-12Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-45230-2024 (O&M) Date of Decision:-12.9.2024 Radhey Shyam Jhunthra ... Petitioner

Versus

Devki Goyal ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ajay Jain, Advocate for the petitioner.

***** GURVINDER SINGH GILL, J. (Oral)

1. The petitioner assails order dated 2.9.2024 passed by learned Additional Sessions Judge, Sirsa vide which an application filed by the petitioner for preponing the main case has been declined.

2. The petitioner, who is arrayed as an accused in a complaint filed by the respondent/complainant under Sections 500 and 34 of Indian Penal Code, was ordered to be summoned by the Trial Court vide order dated 19.7.2024 (Annexure P-2). The petitioner filed a revision petition in the Court of Sessions challenging the aforesaid order dated 19.7.2024 (Annexure P-2).

3. It appears that the matter was not taken up and was adjourned for a couple of occasions and is presently fixed for 11.11.2024 before the Court of learned Additional Sessions Judge, Sirsa. The petitioner moved an application dated 2.9.2024 before the Revisional Court praying therein that the case be taken up and that the proceedings be stayed. However, the said application was dismissed by the Revisional Court vide impugned order dated 2.9.2024 while observing that on account of large pendency of old cases it would not be feasible to prepone the matter.

Pankaj Kakkar 2024.09.13 15:42 I attest to the accuracy and authenticity of this document

CRM-M-45230-2024 (O&M) ( 2 )

4. Learned counsel representing the petitioner submitted that in case the matter is not preponed and proceedings are not stayed before revisional Court the petitioner would suffer an irreparable loss and that the purpose of filing the revision petition may stand frustrated.

5. This Court has considered the aforesaid submissions.

6. Admittedly, the petitioner is on bail. The Revisional Court being over burdened had adjourned the matter for 11.11.2024. While it goes without saying that all the cases should be expeditiously disposed of, but on account of huge pendency it is some time not possible to fix short dates in all the cases. The Revisional Court has specifically assigned the said reason.

7. This Court does not find any such grave infirmity in the impugned order under the given circumstances so as to justify interference. The instant petition, as such, is sans merit and is hereby dismissed. However, the Revisional Court is directed to make an endeavour to dispose of the revision petition at the earliest.

12.9.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.09.13 15:42 I attest to the accuracy and authenticity of this document