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2025 DAILYLAW 89931 (PNJ)

TEK CHAND AND OTHERS v. STATE OF PUNJAB

CRM-M/43777/2025 · 2025-09-17

Sanjay Vashisth

body2025

Judgment text

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CRM-M-43777-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 119 CRM-M-43777-2025 Decided on: 17.09.2025 Tek Chand and others ......Petitioners Versus State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Bhavesh Chaudhary, Advocate for the petitioners. Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH , J. 1. Present petition has been filed under Section 528 of BNSS, seeking issuance of directions to learned trial Court for expeditious disposal of case bearing No. CHI-430-2020 arising out of FIR No. 87 dated 18.10.2019, under Section 447 IPC, registered at Police Station Bhogpur, District Jalandhar. 2. On 12.08.2025, following order was passed: “1. Present petition has been filed by the petitioners seeking issuance of direction to the trial Court for expeditious disposal of the case bearing No.CHI-430-2020 arising out of FIR No.187 dated 18.10.2019 under Section 447 of IPC, registered at Police Station Bhogpur, District Jalandhar, which is pending for the last more than 5 years. 2. From the pleadings in the present petition and the zimni orders appended thereto, it is acknowledged that FIR was registered on 18.10.2019. Subsequently, charges were framed by the Court of learned Judicial Magistrate 1st Class-15 under Section 447 IPC on 09.02.2021. 3. Learned counsel for the petitioner submits that out of total eleven prosecution witnesses, only three have been examined, till date. It is contended that delay in the trial proceedings is causing RASHMI 2025.09.17 19:30 I attest to the accuracy and integrity of this document CRM-M-43777-2025 2 serious prejudice to the rights of the petitioner, who continues to face prosecution, as such delay adversely impacts the right to a fair and timely trial. 4. List again on 17.09.2025. 5. In the meantime, let a report be called from the trial Court, clearly indicating whether delay in the proceedings is attributable to the conduct of the accused or the prosecution.” 3. In compliance with the directions of this Court, the learned Judicial Magistrate First Class, Jalandhar, has forwarded an exhaustive status report dated 03.09.2025. The report clearly states that the prosecution has failed to examine its witnesses on the dates they were present. Further, the learned counsel for the complainant did not address arguments on the application under Section 319 Cr.P.C. for almost nine months, despite the case being fixed nine times during this period. Additionally, the prosecution witnesses have repeatedly failed to give evidence on various dates, citing different pretexts. 4. Taking cognizance of the facts and reasons detailed in the report, the present petition is hereby disposed of with the direction to the learned trial Court to conclude the trial at the earliest, preferably within a maximum period of one year from today, without granting unnecessary adjournments to either party. (SANJAY VASHISTH) JUDGE September 17, 2025 rashmi Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO RASHMI 2025.09.17 19:30 I attest to the accuracy and integrity of this document