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2025 DAILYLAW 74475 (PNJ)

VIKAS SHARMA v. STATE OF PUNJAB

CRM-M/34751/2025 · 2025-07-07

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 141 CRM-M-34751-2025 Date of decision: 07.07.2025 Vikas Sharma .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Abhaysher Singh, Advocate for the petitioner. **** MANJARI NEHRU KAUL , J. (ORAL) 1. The petitioner is seeking issuance of direction to the learned Trial Court in FIR No.03 dated 01.05.2019 under Sections 377/388/389/109/115/116/120-B of the IPC (Sections 7, 12, 13(2) of the PC Act, 1988 added lateron), registered at Police Station State Special Operation Cell, SAS Nagar (Mohali), District Intelligence Wing (CID), to expedite and conclude the trial in a time bound manner. 2. Learned counsel for the petitioner submits that challan in the FIR in question was presented way back on 02.09.2019 which was then followed by framing of charges against co-accused on 14.10.2019. Charges were framed against the petitioner on 04.10.2022. Thereafter, when the trial commenced, the complainant was examined after five years. Strangely, after the complainant had been partially examined, the prosecution woke up from their slumber and moved an application that the case was triable by Court of Session as a result of which the case was then committed before the appropriate Court more than a year VINAY 2025.07.07 17:57 I attest to the accuracy and authenticity of this order/judgment CRM-M-34751-2025 back. Learned counsel submits that sword has been hanging over the petitioner for reasons not attributable to him and till date the trial has neither concluded nor is there any possibility of the trial concluding in the near future as after the committal to the Court of Session, the case has been repeatedly adjourned on at least 10 occasions. He submits that the case is again fixed for tomorrow i.e. 08.07.2025. 3. After arguing for some time, learned counsel for the petitioner has made a limited prayer in view of the aforementioned sequence of events to direct the Court concerned to expeditiously conclude the trial. 4. Notice of motion. 5. On asking of the Court, Mr. H.S. Deol, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State. 6. In view of the above, the present petition is disposed of with directions to the learned Trial Court to expedite the trial and conclude it at the earliest, preferably within the next six months. 07.07.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.07.07 17:57 I attest to the accuracy and authenticity of this order/judgment