Sukhtinder Singh v. State Of Punjab

2024:PHHC:002786

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57112-2023 Date of Decision : January 10, 2024 SUKHTINDER SINGH -PETITIONER V/S STATE OF PUNJAB -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

None for the petitioner.

Mr. M.S. Bajwa, D.A.G., Punjab.

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

Through the instant petition, as instituted under Section 482 of the Cr.P.C., prayer is made for issuance of directions upon the learned trial Court concerned to expeditiously conclude the trial in FIR No.20 dated 11.11.2019, under Sections 420, 465, 467, 468, 471, 120-B of the IPC, registered at P.S. Vigilance Bureau Range, District Amritsar, as despite presentation of cancellation report, the trial is lingering owing to non appearance of the complainant.

2.

This Court has perused the entire case file. It emanates from the record that in the FIR (supra), a cancellation report has already been presented on 09.12.2021, by the investigating officer, before the learned trial Court. However, the said Cancellation Report is yet pending before the learned trial Court for want of appearance of the complainant, who, despite his being summoned, has not been appearing for the past two years.

3.

Taking into consideration the above circumstances, DEVINDER YADAV 2024.01.11 16:03 I attest to the accuracy and authenticity of this order/judgment

CRM-M-57112-2023 2024:PHHC:002786 especially the fact that non appearance of the complainant is not only causing delay in making any decision upon the cancellation report by the learned trial Court concerned, but is also adversely affecting the right of the petitioner to have an expeditious trial, this Court deems it appropriate to direct the S.H.O. concerned to forthwith produce the complainant before the learned trial Court concerned, whereupon, the latter shall proceed to make a decision upon the cancellation report, in accordance with law.

4.

Disposed of accordingly.

(KULDEEP TIWARI) January 10, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.01.11 16:03 I attest to the accuracy and authenticity of this order/judgment