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High Court of Punjab and Haryana · body

1973 DAILYLAW 14 (PNJ)

SWARAN SINGH v. STATE OF PUNJAB AND OTHERS

CRM-A/1107/2023 · 2026-01-13

Vinod S Bhardwaj

body1973

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA 231 Swaran Singh State of Punjab and CORAM : HON'BLE MR. JUSTICE Present :- Mr. Mr. Saurav Verma, Addl. AG, Punjab. VINOD S. BHARDWAJ CRM-33025-202 Prayer in the present application 21 days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of condoned. Main case The present application has of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learned stemming from of the Indian Penal Code, 1860 2. After assessing all the material available on the record, the learned trial Co 13.03.2023. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1107 Date of decision: VERSUS State of Punjab and others HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Neeraj Yadav, Advocate for the applicant. Mr. Saurav Verma, Addl. AG, Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) 2023 ayer in the present application is for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 21 days in filing application The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal against the judgment of acquittal dated e learned Judicial Magistrate First Class complaint dated 19.07.2014 filed under Indian Penal Code, 1860. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1107-2023 (O&M) Date of decision: 13.01.2026 ...Applicant ...Respondent VINOD S. BHARDWAJ for the applicant. Mr. Saurav Verma, Addl. AG, Punjab. s for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is days in filing application for leave to appeal is been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 13.03.2023 Judicial Magistrate First Class, Amritsar in a case filed under Section 191 & 205 After assessing all the material available on the record, the urt acquitted the respondent(s) vide judgment dated SUMIT SINGH GUSAIN 2026.01.14 19:48 I attest to the accuracy and integrity of this document 231 CRM-A-1107-2023 (O&M) -2- 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Amritsar with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of BNSS) and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Amritsar forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) 13.01.2026 JUDGE Sumit Gusain Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.01.14 19:48 I attest to the accuracy and integrity of this document