Manjot Singh v. State Of Punjab And ANR

2023:PHHC:152915

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60417-2023 Date of Decision : December 01, 2023 MANJOT SINGH -Petitioner V/S STATE OF PUNJAB AND ANR -Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Amandeep Singh Sidhu, Advocate for the petitioner.

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

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner has sought issuance of directions upon the learned trial Court concerned to expedite the pace of trial, as emanates from FIR No.95 dated 01.06.2013, under Sections 323/452/148/149 of the IPC, registered at P.S. Samrala, District Khanna. 2.

The learned counsel for the petitioner, in his asking for the relief (supra), submits that the petitioner is facing trial in the FIR (supra). However, despite presentation of the Final Report before the learned trial Court concerned on 04.09.2014 and despite framing of charges on 24.04.2015, the prosecution has failed to examine all its witnesses. To be precise, he submits that despite lapse of approx. 8 years, out of total eleven prosecution witnesses, only two witnesses have been completely examined. The petitioner, besides being deprived of his fundamental right to an expeditious trial, has been made to suffer the agony of trial for the past many years, solely due to the lethargic and indolent approach of the DEVINDER YADAV 2023.12.01 15:51 I attest to the accuracy and authenticity of this order/judgment

CRM-M-60417-2023 2023:PHHC:152915 prosecution.

3.

Considering the submissions made hereinabove, coupled with the fact that the petitioner/accused has been bestowed with a fundamental right to an expeditious trial, besides the fact that it is in the interest of all concerned that the guilt or innocence of the petitioner/accused is determined as soon as possible, this Court deems it appropriate to direct the learned trial Court to make an endeavour to expedite the conclusion of trial through, within six months from today, examining the remaining prosecution witnesses. 4.

The S.S.P. concerned is also directed to ensure the presence of remaining prosecution witnesses on each and every date, as fixed by the learned trial Court, for their examination. 5.

Disposed of accordingly.

(KULDEEP TIWARI) December 01, 2023 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.12.01 15:51 I attest to the accuracy and authenticity of this order/judgment