Baljit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.108 Case No. : CRM-M-56732-2022 Date of Decision : December 06, 2022 Baljit Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Prabhjot Singh, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

* * * GURBIR SINGH , J.

:

This is a petition under Section 482 Cr.P.C. for directing the learned Trial Court to conclude the trial in a time bound manner in case FIR No.0201 dated 25.11.2020, under Sections 484, 485, 170 IPC and Section 6 of Official Secrets Act, 1923, registered at Police Station Sadar Ahmedgarh, District Sangrur.

Learned counsel for the petitioner submits that the trial in the aforesaid case is proceeding at a snail's pace as the Trial Court has already taken a long time for framing of charge. Further, there are total 14 prosecution witnesses and the prosecution evidence is yet to begin. Therefore, if directions for expeditious disposal are not issued, then the Trial Court would take more than 7-10 years to conclude the trial. Notice of motion.

Pursuant to advance notice issued to the respondent - State of Punjab, Ms. Himani Arora, AAG, Punjab has put in appearance.

CRM-M-56732-2022 : 2 :

Learned State counsel, on the other hand, has submitted that charge has been framed in this case and now the case is at the stage of recording of prosecution evidence.

Heard.

After considering the zimni orders placed on the file by learned counsel for the petitioner as Annexure P-2, it transpires that the challan in the case was presented on 27.01.2021 and copy of the challan was suuplied to the petitioner on the next date i.e. 17.02.2021 and the case was adjourned to 03.03.2021. Power of Attorney on behalf of the petitioner was filed on 03.03.2021 while requesting for adjournment. So, the case was adjourned to 10.03.2021. Again, on 10.03.2021, the case was adjourned to 16.04.2021 on the request of counsel for the petitioner. Similarly, though the case was taken up several times, but adjourned every time on request of learned counsel for the petitioner (except on three or four dates), for consideration on charge. On 14.10.

2022, arguments were heard and charge was framed on the same date and the matter was adjourned to 07.12.2022 for recording prosecution witnesses mentioned at Sr.No.1 and 2. Since the first date for recording evidence of the prosecution is 07.12.2022 and trial starts with the framing of charge which was framed on 14.10.2022, the averment made in the petition that the trial is going at a snail's pace, is patently incorrect. Endeavour is always made by the Trial Court to dispose of a case expeditiously and it is so expected in this case as well. The petitioner is also expected not to seek adjournments, then definitely, this case would be disposed of expeditiously.

CRM-M-56732-2022 : 3 :

In view of what has been stated above, no ground is made out to issue any direction to the Trial Court.

Dismissed.

December 06, 2022 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.