Punjab & Haryana High Court Seeks Explanation From Judge Over Delay In Trial; Summons Public Prosecutor, District Attorney

The Punjab and Haryana High Court has expressed strong displeasure over a five-year delay in framing of charges in a criminal case, observing that both the trial court and the prosecution appeared to be “highly negligent” in performing their duties.The Court was informed during the course of arguments that the challan in the case had been presented on 31.07.2021 and that, since then, the matter has remained pending at the stage of framing of charge.Justice N.S. Shekhawat noted, "During the course of arguments today, the Court has been informed the challan was presented in the present case on 31.07.2021 and since then, the case is listed for framing of charge. This Court is of prima facie opinion that the judicial officer, who is handling the trial as well as the public prosecutor, who is handling the matter, are highly negligent in performing their duties."The concerned Judicial officer is directed to explain as to how the trial has been delayed for a period of 5 years. The concerned public prosecutor as well as the District Attorney, Gurugram are directed to remain present in the Court, on the next date of hearing, added the Court.To ensure expeditious progress in the trial, the Court ordered that a copy of its directions be forwarded to the Commissioner of Police, Gurugram, as well as the District & Sessions Judge, Gurugram. The order is also to be communicated via email to the District & Sessions Judge concerned. The judicial officer has been directed to furnish his explanation on or before the next date of hearing.The petition before the Court was seeking cancellation of bail granted to respondent No.3, Rajesh Malik, by the Additional Sessions Judge, Gurugram, vide order dated 29.06.2021.The case pertains to FIR dated 27.05.2021 registered at Police Station DLF Phase-I, Gurugram, under Sections 406, 420, 467 and 471 of the Indian Penal Code, 1860.Apart from seeking cancellation of bail, the petitioner has also prayed for a direction to the Director General of Police, Haryana, to decide his representation dated 02.07.2021 and to constitute a Special Investigation Team (SIT) for further and proper investigation in the FIR.The petitioner has further sought directions to prosecute additional respondents in the case on the basis of a representation dated 30.06.2021 submitted to the Commissioner of Police, Gurugram.The matter will now be taken up on March 5.Title: GAURAV CHAUDHARY V/S STATE OF HARYANA AND ANOTHER v. RAJESH MALIK V/S STATE OF HARYANA AND ANOTHERMr. Vinod Ghai, Senior Advocate with Mr. Kashish Sahni, Advocate and Ms. Rishika, Advocate Mr. Arnav Ghai, Advocate for the petitioner in CRM-M-26179-2021 and for respondent No.2 in CRM-M-27129-2021.Mr. K.S.Nalwa, Senior Advocate with Ms. Ashmeet Kaur Shah, AdvocateMr. V.S.Bajwa, Advocate for the petitioner in CRM-M-27129-2021 and for respondent No.3 in CRM-M-26179-2021.Mr. Rajiv Sidhu, Sr. DAG, Haryana.Click here to read order

Punjab & Haryana High Court Seeks Explanation From Judge Over Delay In Trial; Summons Public Prosecutor, District Attorney

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