Learned counsel for the petitioner further submits that as per allegations in the FIR, registered at the instance of Rohit Kumar, his brother Amit Kumar received gun shot injuries and was taken to CMC Hospital, where he came to know that Sukhwinder Singh @ Sukha along with two associates, with intention to kill, has inflicted gun shot injuries to his brother Amit Kumar. Learned counsel has referred to the order dated 02.07.2020, wherein noticing the fact that charges were framed way back on 20.11.2018, however, only one PW i.e. Investigating Officer was examined and the Commissioner of Police, Ludhiana was directed to explain the delay. Later on, affidavit of the Commissioner of Police, Ludhiana was filed and in the affidavit, it is explained that the delay has caused either due to non-collection of the accused from the jail or non-appearance of the complainant. Learned counsel has further referred to the orders passed by the trial Court, adjourning the case from time to time as well as subsequent orders passed by this Court, noticing that the complainant is residing in Mumbai and on account of COVID-19 situation, he was not examined.
