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High Court of Punjab and HaryanaCRR/1060/2018disposed of

Balwinder Singh v. Gurmit Singh And ORS

2023-07-04Mrs. Justice Alka Sarin2 pages

2023:PHHC:083925

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR-1060-2018 (O&M) Date of decision : 04.07.2023 Balwinder Singh ... Petitioner(s)

Versus

Gurmit Singh & Ors.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Kanwar Pahul Singh, Advocate for the petitioner. Mr. Ishnoor Singh, Advocate for Mr. Vikram Singh, Advocate for respondent Nos.1 to 3. Mr. M.S. Tiwana, AAG Punjab for respondent No.4. ALKA SARIN, J. (ORAL) CRM-10159-2018 1.

This is an application for condonation of delay of 29 days in filing the petition.

2.

For the reasons stated in the application, delay of 29 days in filing the petition is condoned. CRM stands disposed off. CRR-1060-2018 3.

The only grievance of the petitioner in the present case is that the application filed under Section 216 of the Code of Criminal Procedure, 1973 (CrPC) is not being decided. Explanations had been sought by this Court as far back as in 2019. The explanation received from the Trial Court YOGESH SHARMA 2023.07.05 13:25 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh

2023:PHHC:083925 CRR-1060-2018 (O&M) -2was that the delay was unintentional.

4.

Learned counsel for the petitioner would contend that since 2018, there is no progress in the application under Section 216 CrPC. Learned counsel has further clarified that the matter is pending in Court at Gurdaspur.

5.

Learned counsel for respondent Nos.1 to 3 is not in a position to deny the fact that the application under Section 216 CrPC is still pending. 6.

In view of the limited prayer, the present petition is disposed off with a direction to the Trial Court to decide the application under Section 216 CrPC, in accordance with law, within a period of two months from the date of receipt of certified copy of this order. 7.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 04.07.2023 Yogesh Sharma YOGESH SHARMA 2023.07.05 13:25 I attest to the accuracy and integrity of this judgment/order.

Punjab and Haryana High Court, Chandigarh