Disposed

Harjit Singh v. State of Punjab and Ors.

Punjab & Haryana HC12 Jan 2012CRM-M/1146/2012

Case brief

AI extract

What is this about?

The court issued interim directions restraining the trial court from passing a final order in State of Punjab vs. Manjit Singh until the petitioner's pending revision petition regarding closure of prosecution evidence is disposed of by the Additional Sessions Judge.

What did the court decide?

Trial court restrained from passing final order in State of Punjab vs. Manjit Singh pending decision of revision petition; Additional Sessions Judge directed to decide revision within one month.

Harjit Singh Vs State of Punjab and… — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. M. No.M-1146 of 2012 Date of Decision:12.1.2012

Harjit Singh

.... Petitioner

Versus

State of Punjab and others

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. Atul Lakhanpal, Sr. Advocate with

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Mr. Arjun Lakhanpal, Advocate for the petitioner.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The prayer in the present petition is for issuance of direction to the trial Court not to pass final order in case titled as State of Punjab Vs. Manjit Singh and others till the decision of Revision Petition filed by the petitioner against the order dated 23.11.2011 passed by JMIC Malerkotla closing the evidence of the prosecution, which is pending before the learned Additional Sessions Judge, Sangrur.

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Notice of motion.

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On the asking of the Court, Mr. Navdeep Sukhna, D.A.G. Punjab, who is present in the Court, accepts notice.

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It is contended that almost entire evidence of the prosecution is complete and only Sukhwinder Kaur who is the victim, is to be examined and as per the record she has never been served to appear as a witness in the case but the trial Court vide order dated 23.11.2011 closed the evidence of the prosecution. The petitioner has filed a Revision Petition against the order of the learned trial Court closing the evidence of the prosecution. The

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Crl. M. No.M-1146 of 2012

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-2-

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said Revision is pending before the learned Addl. Sessions Judge, Sangrur for 30.1.2012. Accordingly, the petitioner moved an application before the Revisional Court for restraining the learned trial Court from passing the final order till the decision of the revision petition. The said application was dismissed on 4.1.2012.

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It is evident from the order dated 24.12.2011 passed by the trial Court that the statement of the accused under Section 313 Cr.P.C. has already been recorded and the matter was adjourned to 16.1.2012 for defence evidence and arguments. In case, the matter is argued and final order is passed, the revision petition pending before the learned Addl. Sessions Judge shall be rendered infructuous.

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Accordingly, in the interest of justice and fair play, the trial Court is directed not to pass final order in case titled as State of Punjab Vs. Manjit Singh and others till the final decision of Revision Petition filed by the petitioner which is pending before the learned Additional Sessions Judge, Sangrur. The learned Additional Sessions Judge, Sangrur, is also directed to decide the Revision Petition within one month of the next date of hearing fixed before it, in case respondents have already been served.

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However, nothing observed herein shall have any bearing either on the revision petition pending before learned Additional Sessions Judge, Sangrur or final order to be passed by the trial Court.

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( NIRMALJIT KAUR ) JUDGE

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12.1.2012 rajeev

Harjit Singh v. State of Punjab and Ors.

Case brief

What is this about?

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Harjit Singh v. State of Punjab and Ors.

Case brief

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