CRR No.3019 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3019 of 2009 Date of Decision : 09.02.2011 Naresh Aggarwal …Petitioner Versus Madan Lal Jangada and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. J.S. Cooner, Advocate for the petitioner. *** AJAY TEWARI, J. (ORAL) This petition has been filed against the order of the learned revisional Court discharging the respondents-accused on the ground that the alleged defamatory article was published on 24.05.1999 while the complaint was instituted on 14.06.1999 and the accused were summoned on 14.02.2000 but the notice of accusation was served only on 23.11.2006 which is an abuse of the process of law. Learned revision Court has relied upon the decision of the Hon’ble Supreme Court in the matter of Common Cause a Registered Society through its Director v. Union of India, 1996(2) CRR No.3019 of 2009 -2- RCR 419 (S.C.) and the decision of this Court in the matter of Baldev Singh v. Dhanna Ram, 2002(1) RCR (Criminal) 715 (P&H) wherein it was held that regarding non-cognizable and bailable offences where the cases are pending for more than two years and the trial has not been commenced then Criminal Court to discharge or acquit the accused and close the cases. It was further held that sword of Damocles cannot be allowed to hang on the head of an accused for all times to come and wherever there is an inordinate delay in the start of a trial then Courts should ensure that the accused is discharged and the complaint is quashed. Learned counsel for the petitioner has not been able to show any contrary judgment. Consequently, this petition is dismissed. ( AJAY TEWARI ) February 09, 2011 JUDGE ashish