Held that there was no ground to transfer the case from Ludhiana to Mohali. Directed the trial court to dispose of the long-pending trial expeditiously within six months.
Directed the trial court to dispose of the trial within six months; petition for transfer stands disposed of.
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Cr.Misc. M 14037 of 2010
1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH.
Cr.Misc. M 14037 of 2010 Date of decision: 13.5.2010
Gurdeep Singh and another
Petitioner
vs.
State of Punjab and another
Respondent
Present: Mr. RK Sharma, Advocate.
M.M.S.BEDI,J.
After hearing learned counsel for the petitioner, I am satisfied that petitioner No.1 is suffering from some ailment; mother of petitioner No.1 has already been exempted from personal appearance; brother of petitioner No.1 has died during pendency of the criminal proceedings; another sister of petitioner No.1 has also died during pendency of the trial; the criminal case registered in the year 1998 has not finally be concluded though a period of about 12 years has elapsed. It has been informed that only one witness has been examined. It is apparent that the trial is being protracted by abusing the process of law either by moving misc. application to direct petitioner No.1 to surrender his passport or to produce his passport, whereas there is no such condition imposed in the bail order of petitioner No.1.
In view of the delaying tactics, adopted by the complainant through prosecution agency, an apprehension has arisen in the mind of the petitioners that they might not get justice from the court where the matter is pending. It appears that the efficient and impartial judicial officer, on account of heavy burden of work, has not been able to appreciate the steps
Cr.Misc. M 14037 of 2010
2
of the complainant or the prosecution agency to defeat the rights of the petitioners for expeditious disposal of the trial. The apprehension of the petitioners that they might not get justice from the court where the matter is pending, seems to be misconceived.
In view of the above, I do not find any ground to transfer the case from the court of Sh. Karan Garg, Judicial Magistrate Ist class, Ludhiana to Mohali or to any other court of competent jurisdiction. However, in the interest of justice, a direction is issued to the said court to expeditiously dispose of the trial within a period of six months keeping in view the fact that the matter is lingering on since the year 1998. Expecting all fairness from the judicial officer, this petition for transfer stands disposed of.
May 13 ,2010 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether the warrant issued to the petitioner to surrender passport amounts to abuse of process of law when not imposed in the bail order.
Gurdeep Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
