Petition under Section 482 Cr.P.C. seeking directions for legal action against co-accused. Court noted case was rendered infructuous as FIR registered, trial underway, and petitioner did not appear despite listing.
Petition disposed of as having been rendered infructuous.
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CRM-M-7690-2020
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IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH
248 CR M -M-7690-2020
Dat e of Decision: 24.10.2024
Gurcharan Singh
.… Petitioner
Versus
State of P u njab and others .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - None for the petitioner.
Ms. Rishu Madan, AAG, Pun j ab.
NIDHI GUPTA, J. (ORAL)
Prayer in this petition filed u n der Section 482 Cr.P.C. is for issuance o f a direction to official respondents No. 2 and 3 for taking legal action against respondents No. 4 to 8.
On instructions from ASI R aj Brinderpal Singh, learned counsel fo r the State, informs that the petitioner in the present case is the complaina n t/brother of the deceased. Res p ondent No. 4 is the husband; responden t s No. 5 and 6 are the parents- i n-law; respondent No. 7 is the sister-in-la w / Jethani of the deceased; whe r eas respondent No. 8 is also an accused. It is submitted that the insta n t petition has been rendered infructuou s as, FIR No. 26 dated dated 03.03.2020 under Section 304 IPC has been r e gistered against respondent N o . 4-husband of the deceased at Police Sta t ion Sidhwan Bet, District Lu d hiana (Rural). It is also stated that after c ompletion of investigation, ch a llan was presented before the learned t r ial Court on 29.05.2020 a n d charges were framed on 16.07.202 2 ; and at present, the trial is u n derway. Learned State counsel
RISHU KATARIA 2024.10.25 10:20 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-7690-2020
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has also i n formed that out of total 14 pr o secution witnesses, 01 witness has been e x amined by the learned trial Co u rt and the next date of hearing is 07.01.2 0 25 for recording the statements of the remaining prosecution witnesses.
The matter pertains to the yea r 2020.
Perusal of the order-sheet s h ows that on the last date of hearing i. e . 18.10.2023, when this case w as listed for hearing before a co-ordinat e Bench of this Court, it was noted that learned counsel for the State had s ubmitted that challan has been presented in the matter before the trial C ourt and the case was adjour n ed as learned counsel for the petitioner h ad sought time to get instructio n s.
Today, there is no representa t ion on behalf of the petitioner,
despite the case having been called twice.
Thus, in view of the aforesaid submissions of learned counsel for the Sta t e, the present petition is dispo s ed of, as having been rendered infructuou s .
24.10.2024 ( NIDHI GUPTA ) rishu JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2024.10.25 10:20 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. seeking directions for legal action is maintainable when the underlying trial is underway and the petitioners fail to appear.
1 provisions across 1 enactments
Gurcharan Singh
State of Punjab
Officiating Respondents No. 2 and 3
Respondent No. 4
Respondents No. 5 and 6
Respondents No. 7 and 8
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
