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High Court of Punjab and Haryana · body

2025 DAILYLAW 61430 (PNJ)

VIKAS PANDEY v. STATE OF HARYANA

CRM-M/29102/2025 · 2025-05-26

N S Shekhawat

body2025

Judgment text

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121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29102-2025 Date of Decision:26.05.2025 Vikas Pandey …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Akshay Kumar Dahiya, Advocate for the petitioner. Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 528 of B.N.S.S with a prayer to conclude the trial pending before the Court of Additional District and Sessions Judge, Rohtak in a time bound manner. 2. Learned counsel for the petitioner contends that one FIR i.e. FIR No.327, dated 28.08.2020, under Sections 346 of IPC, Police Station Rohtak Sadar, District Rohtak was ordered to be registered against the present petitioner and others. Initially, an untrace report was prepared on 19.01.2021. However, the dead body of Sandeep was found in the area of Police Station Dadri, District Gautam Budh Nagar, U.P on 15.07.2021 and one FIR No.537, dated 17.08.2020, under Sections 302 and 201 of IPC, Police Station Dadri, District Gautam Budh Nagar, U.P was also registered. Later on, the dead body was got identified and the proceedings arising out of FIR No.537 dated 17.08.2020 were discontinued. Learned counsel for the petitioner further contends that Naveen @ Chhota was arrested in the present case on 26.11.2021 HITESH 2025.05.27 09:09 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-29102-2025 -2 and a parna was recovered from him. Even, the petitioner was arrested in the present case on 02.08.2023 and is in custody since then. Learned counsel for the petitioner next contends that the prosecution had relied upon 40 witnesses and only one witness has been examined so far. Even, from a perusal of the zimni orders (Annexure P-2) collectively, it is apparent that every attempt has been made to delay the trial before the Trial Court. 3. Notice of motion. 4. On the asking of the Court, Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana, who is present in the Court, accepts notice on behalf of the respondent-State and submits that the case is listed before the Trial Court on 21.07.2025 for examination of the witnesses and four witnesses has been summoned for the said date. He further contends that the prosecution shall make an endeavour to examine all the prosecution witnesses at the earliest. 5. I have heard learned counsel for the parties. 6. In the present case, it is apparent that effective proceedings are conducted by the Special Judge-cum-Additional Sessions Judge, Rohtak on each and every date of hearing. However, Naveen @ Chhota, co-accused was arrested on 26.11.2021, whereas, the petitioner was arrested on 02.08.2023. 7. Therefore, keeping in view the longer period of incarceration, the trial Court is directed to conclude the trial within a period of 18 months from today. 8. Disposed of. (N.S.SHEKHAWAT) 26.05.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.05.27 09:09 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh