Joginder Pal v. State Of Punjab And Another
CRM-M-56277 of 2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-56277 of 2024 DATE OF DECISION :- 13.01.2025 Joginder Pal
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Ishan Gupta, Advocate for the petitioner. Mr. Yuvraj Singh Tiwana, AAG, Punja.
*** SUMEET GOEL , J.
(Oral) The substantial prayer made in the petition reads thus :- "It, therefore, respectfully prayed that this Hon'ble Court may be pleased to :- i. Allow the instant petition;
ii. Issue appropriate writ order or directions to Learned Judicial Magistrate First Class, Jalandhar to decide case FIR No.36 dated 01.05.2018 under Sections 279, 304-A, 427 IPC registered at Police Station Cantt Jalandhar, District Police Commissionerate Jalandhar bearing CHI/1428/2020 titled as 'State Of Punjab Vs Lakshat Devgun etc' expeditiously as possible, preferably within 6 months, inlight of the directions laid by the Hon'ble Supreme Court in Suo-Moto cognizance in "In Re: To issue certain guidelines Regarding Inadequacies and Deficiencies in Criminal Trials vs The State of Andhra Pradesh and others." as the accused are dilly dallying the instant case on one pretext or another, thereby, causing grave prejudice to the Petitioner/complainant's Right to Speedy Trial"
On 13.11.2024, the following order was passed :- "The petitioner seeks issuance of directions to learned Judicial Magistrate 1st Class, Jalandhar to dispose of the trial arising out PARVINDER SINGH 2025.01.14 11:42 I attest to the accuracy and authenticity of this order/judgment
CRM-M-56277 of 2024 of FIR No.36, dated 01.05.2018, Police Station Cantt Jalandhar, District Police Commissionerate Jalandhar, which is stated to be pending since the year 2018.
Before proceeding to consideration of any such, this Court deems appropriate that a status report be called from the Court concerned.
Registry is accordingly directed to call for a status report from the trial Court. The Presiding Officer shall also furnish information as regards the rough time-frame during which the trial is expected to be concluded.
List again on 13.01.2025."
In pursuance of the above said order dated 13.11.2024, a report has been received from the concerned trial Court, relevant whereof reads as under :- "It is further submitted that conclusion of trial of the present case is likely to take some time as only 5 prosecution witnesses have been examined so far from the list of 15 prosecution witnesses. It is pertinent to mention here that from 5 witnesses examined, only 3 witnesses have been examined completely and examination-inchief of 2 witnesses is yet to be completed. After the conclusion of prosecution evidence, the accused has to lead evidence in defence. As such, it is humbly requested that the period of six months is likely to take place for disposal of the present case." Having heard learned counsel for the parties and upon perusal of the record, it is deemed appropriate that the trial Court is directed to make an earnest endeavour to conclude the trial within 08 months from the date of receipt/production of the certified copy of this order. Ordered accordingly.
(SUMEET GOEL) JUDGE 13.01.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.01.14 11:42 I attest to the accuracy and authenticity of this order/judgment