Narian Dass vs Hakam Ram And Ors
2022 Latest Caselaw 3972 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


201                                          CRM-A-1105-MA-2013 (O&M)
                                             Date of Decision: 06.05.2022


Narain Dass                                                ......... Appellant
                                             Versus

Hakam Ram and others                                       ......... Respondents

CORAM:         HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:-      Mr. P.S. Ahluwalia , Advocate for the appellant.

               Mr. Kulwinder Singh, Advocate for
               Mr. S.S. Sarwara, Advocate for the respondents.

                             ****

ANOOP CHITKARA, J. (ORAL)

CRM-50443-2013

This is an application for condonation of delay of 08 days in filing of the

criminal appeal.

Learned counsel for the respondents submits that he has no objection if

application is allowed.

For the reasons mentioned in the application and in view of no objection of

the respondents, the same is allowed and delay of 08 days in filing leave to appeal is

condoned.

CRM-A-1105-MA-2013 (O&M)

Heard.

Leave to appeal allowed.

Main Appeal

1. Initially, there were cross-cases, which were triable by the Court of Judicial

Magistrate. However, in one case resulted in conviction and another case challenging the

acquittal, the petitioner came up before this Court and filed the present appeal.

2. Learned counsel for the applicant-appellant submits that the appeal against

the order/judgment of conviction in the cross-case bearing Criminal Appeal No. 32 of 2013

is pending before the Court of Additional Sessions Judge, Patiala and proceeding in that

appeal stands stayed vide order dated 19.09.2016 passed in this petition.

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3. Learned counsel for the applicant submits that as the appeal arising out of

judgment in cross case is pending before Sessions Court, therefore, the present appeal be

transferred to the Sessions Court and the same be heard with Criminal Appeal No. 32 of

2013 titled as Arjan Dass Vs. Narain Dass simultaneously.

4. The prayer is most genuine because in case the appeal against conviction is

called to this Court, then right of revision of the convict will be affected. Consequently, this

appeal is transferred to the Sessions Court, after assigning new number, docket and hear

both the matters simultaneously. In view of the above, the present appeal is disposed of to

the extent mentioned above. All pending applications, if any, stand disposed of.

Registry is directed to send complete file to the concerned Court within

seven days by retaining copy of the same.

                                             (ANOOP CHITKARA)
                                                 JUDGE
06.05.2022
Jyoti-II

                         Whether speaking/reasoned           Yes/No
                            Whether Reportable               Yes/No




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