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2025 DAILYLAW 60466 (PNJ)

AXXX XXXX v. STATE OF HARYANA AND OTHERS

CRM-M/28268/2025 · 2025-07-29

Amarjot Bhatti

body2025

Judgment text

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CRM-M-28268-2025 ----1111---- 113 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM-M-28268-2025 Date of Decision:- 29.07.2025 AXXX XXXX ....Petitioner Vs. STATE OF HARYANA AND OTHERS ...Respondents CORAM: CORAM: CORAM: CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Rishi Pal Chaudhary, Advocate with Mr. Parveen Kumar, Advocate for the petitioner. Ms. Aditi Girdhar, AAG, Haryana. AMARJOT BHATTI, J. AMARJOT BHATTI, J. AMARJOT BHATTI, J. AMARJOT BHATTI, J. 1. Petitioner has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking direction to the learned trial Court i.e. Additional Sessions Judge (Fast Track Special Court for offences of rape and under POCSO Act), Kurukshetra for expeditious disposal of trial case titled as “State Vs. Palwinder Singh and others” in FIR No.668 dated 04.12.2019 under Sections 323, 498-A, 506, 328, 313, 377 and 34 of IPC registered at Police Station Pehowa, District Kurukshetra (Annexure P-1). 2. Learned counsel for petitioner pointed out that trial in this case is going on since long. At present, it is at final stage since 21.03.2024. It is fixed for defence evidence and arguments. During this period, some of the SANDEEP KUMAR 2025.07.31 10:47 I attest to the accuracy and integrity of this document CRM-M-28268-2025 ----2222---- DWs have been examined. Case is adjourned time and again for defence and arguments. Now the case is fixed for 04.08.2025. Notice of motion. On advance notice, Ms. Aditi Girdhar, AAG, Haryana appears and accepts notice on behalf of State. 3. No purpose would be served by calling the status report from the trial Court as all the zimni orders have been annexed with the present petition. 4. I have carefully perused all the zimni orders. Trial bearing Sessions Case No.39 of 2021 was instituted on 28.01.2021. Much time was consumed in framing charges. Finally, charges were framed on 02.07.2022 and the case was fixed for prosecution evidence. Prosecution closed evidence and statement of accused recorded under Section 313 Cr.P.C. and as per zimni order dated 21.03.2024 it was fixed for defence evidence. Till date, case has been adjourned number of times. Three witnesses already examined in defence. Perusal of file shows that time and again accused filed application seeking exemption of their personal appearance which has been allowed by learned Additional Sessions Judge, Kurukshetra liberally and the case is being adjourned for defence evidence and arguments in routine. 5. Considering the aforesaid factual position, it is clear that trial in this case has been much delayed due to the casual approach of the trial Court. Now the case is fixed for 04.08.2025 again for defence evidence. Finding merits in the petition filed by petitioner, trial Court is directed to decide trial SANDEEP KUMAR 2025.07.31 10:47 I attest to the accuracy and integrity of this document CRM-M-28268-2025 ----3333---- expeditiously within a period of 2 months from the next date. 6. Petition is accordingly disposed of. 7. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) JUDGE JUDGE JUDGE JUDGE 29.07.2025 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2025.07.31 10:47 I attest to the accuracy and integrity of this document