Dismissed

Sagar Mehra and Ors. v. State of Punjab

Punjab & Haryana HC8 Nov 2012CRM-M/12099/2012

Case brief

AI extract

What is this about?

The petitioners sought an order to expedite the hearing and consider a cancellation report under Section 482 CrPC. The High Court held that the case was fixed for consideration of charges for want of appearance of all accused, so no ground for interference was made out and disposed of the petition.

What did the court decide?

The petition was disposed of as no ground for interference was made out.

Sagar Mehra and Ors. Vs State of Punjab — Criminal Trial and Appeal | Punjab & Haryana HC (2012)

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CRM-M No.12099 of 2012 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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CRM-M No.12099 of 2012 (O&M) Date of decision: 8.11.2012

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Sagar Mehra and others

......Petitioners

Versus

State of Punjab

.......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Upender Prasher, Advocate for the petitioners.

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Mr. KDS Sidhu, Addl.A.G., Punjab.

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SABINA, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973, praying for the issuance of an appropriate order or direction thereby directing the court of Judicial Magistrate 1^st Class, District Amritsar to expedite the hearing of the case and pass an appropriate/speaking order on the cancellation report submitted by the police on 20.10.2008, in case FIR No.164/08 dated 19.08.2008 under Sections 3, 4, 5, 6 of the Immoral Trafficking Act, Police Station A division District Amritsar.

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Vide order dated 27.04.2012, report was sought from the trial Court. The report sent by the trial Court reads as under:-

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"I have honour to submit that in the present case challan under section 173 of Code of Criminal Procedure (Cr.P.C.) was presented in the Court on 25.8.2008. On 11.9.2008 the prosecution sought permission to conduct further investigation as per section 173 (8) Cr.P.C. Further investigation report under section 173(8) Cr.P.C. was

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CRM-M No.12099 of 2012 (O&M)

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presented to the Court on 9.5.2009, it is pertinent to mention here that no Cancellation report under section 169 Cr.P.C. by the SHO has been presented to the Court. On the Judicial file the challan presented under section 173 (2) of Cr.P.C. and further investigation is presented under section 173(8) of Cr.P.C. is present. The prosecution has merely written Cancellation report in the report under section 173(8) Cr.P.C., which is different from Cancellation report under section 169 of Cr.P.C. The charge has not yet been framed in the present case because there are large number of accused and all the accused did not appear in the court at single date together. Further lot of time was spent for procuring the presence of accused Satnam Singh, who has been declared as Proclaimed Offender only on 8.2.2012. Therefore, now the case is fixed for consideration on charge. The accused are taking benefit of their own wrong. Firstly, they do not appear in the Court on one pretext or other and they moved exemption applications through their counsel, so for this charge could not be framed. However, I ensure that at the moment when all the accused will appear in the court, the matter would be expedited. Submitted please."

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In these circumstances, since now the case is fixed before the trial Court for consideration on charge, no ground for interference is made out.

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Petition stands disposed of accordingly.

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(SABINA) JUDGE

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November 08, 2012 Jyoti 1

Sagar Mehra and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Sagar Mehra and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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