Punjab-Haryana High Court
Avtar Singh And Others vs State Of Haryana And Another on 4 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:046045
2024:PHHC: 046045
CRM-M- 16500-2024 (O&M) -1-
134
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M- 16500-2024 (O&M)
DECIDED ON: April 04, 2024
AVTAR SINGH AND OTHERS
.....PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Harsh Mehla, Advocate
for the petitioner.
Mr. B. S. Virk, Sr. DAG, Haryana.
SANDEEP MOUDGIL, J. (ORAL)
Learned counsel for the petitioner has invoked the jurisdiction
of this Court under Section 482 Cr.P.C. for setting aside the order dated
22.03.2024 passed by the JMIC, Yamuna Nagar to the extent that the further
examination of respondent No. 2 has been permitted by the JMIC beyond
the period fixed by the Hon'ble Supreme Court for his further examination.
Learned counsel for the petitioner has urged that the Hon'ble
Supreme Court vide order dated 29.08.2023 (Annexure- P2) directed the
trial Court to conclude the trial within a period of nine months from the date
of receipt of copy of that judgment and apart from that he filed an
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application under Section 311 Cr.P.C. for recalling of the complainant for
further examination to be completed within six weeks from that date.
It is a positive case of the petitioner that period of six weeks
lapsed way back in the month of October, 2023 itself but till date the
examination of the complainant has not been concluded and the matter is
being adjourned for one or the other reasons which is not attributable to the
petitioner at all.
Be that as it may, the period of nine months still has not been
completed and the recalling of the complainant for further examination in
the witness box at this stage is necessary as though the period of nine
months is coming to an end on 29.05.2024.
Impugned order dated 22.03.2024 is prima-facie and apparently
in violation of the directions passed by the Apex Court vide order dated
29.08.2023 (Annexure P-2), where the trial Court ought to have considered
the aforesaid fact and restrictions passed by the Apex Court in its order for
recalling and examination of the witnesses within a period of six weeks
from 29.08.2023 and was expected to restrain/refrain from passing the
instant order.
However, the petitioner is at liberty to approach the Hon'ble
Supreme Court by showing any violation of the orders dated 29.08.2023, if
any and at the same time, the trial Court is directed to conclude the
examination of the witnesses which are being recalled wherein the date is
fixed for 04.05.2024.
That shall remain subject to the extension of time of
examination of witnesses if so by the Apex Court on the request of either of
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the parties or the trial.
Disposed of accordingly.
(SANDEEP MOUDGIL)
April 04, 2024 JUDGE
Seema
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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