IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13071 of 2009 (O&M) Date of decision: 25th May, 2009 Ravi Kant Walia … Petitioner Versus Bubby Kent … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. Ravi Dhaliwal, Advocate for the petitioner. Mr. Abhishek Sethi, Advocate for Mr. Vishal Aggarwal, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No. 9267-M of 2008 was decided by a Coordinate Bench on 14th August, 2008. The order passed by Coordinate Bench in that petition reads as under: “Counsel for the parties are agreed that the petitioner will deposit his passport with the trial Court and as and when the petitioner intends to go abroad, he will seek the permission of the Court. The counsel for the parties state that the trial has already been delayed and, therefore, the same should be concluded at the earliest and they undertake that none of the parties would seek any adjournment before the trial Court. Counsel for the respondent undertakes that all his witnesses would appear on the date already fixed i.e. 23.8.2008. He says that petitioner will, with an intention to delay the matter, not cross examine the witnesses on the said date. Counsel for the petitioner says that if the affidavits, which are to be submitted in evidence by the witnesses of the complainant are Criminal Misc. No. M-13071 of 2009 (O&M) handed over two days in advance to Mr. Kapil Batra, Advocate, Jalandhar, the witnesses will be cross-examined on the same date and there will be no delay from the side of the petitioner. This petition is disposed of in the light of the above agreed statements of the counsel for the parties. However, it is made clear that if there is any default on the part of the petitioner herein, the order, which is under challenge in this petition, shall stand revived. The trial Court is directed to expedite the trial and complete the same preferably within a period of two months. It is clarified that the interim order dated 10.4.2008 shall continue till the conclusion of the trial subject, however, to the petitioner not committing any default.” The primary grievance made in the present petition is that despite order passed by a Coordinate Bench of this Court on August 14, 2008, the trial Court was adjourning the matter on drop of the hat and was not complying with the orders passed by this Court. This Court had sought comments from the Court of Judicial Magistrate (1st Class), Pathankot. The Court has stated that the case was received by way of transfer on 20th January, 2009. Thereafter the case was fixed for defence evidence on 6th February, 2009. On 6th February, 2009, counsel for the complainant had gone out of station and request was made by proxy counsel and case was adjourned to 20th February, 2009. On 20th February, 2009, the accused had produced no evidence and case was adjourned to 13th March, 2009 for defence evidence. On 13th March, 2009, counsel for the complainant had not come present to the Court and request for adjournment was made and case was adjourned to 26th March, 2009. On 26th March, 2009, a joint request was made by counsel for both the parties and case was adjourned to 11th April, 2009. On 11th April, 2009, counsel for both the parties stated that parties are trying to compromise the matter and the case was 2 Criminal Misc. No. M-13071 of 2009 (O&M) adjourned to 28th April, 2009. Case was again adjourned to 15th May, 2009 for recording entire defence evidence. On 15th May, 2009, counsel for the accused was not available and the matter was adjourned to 23rd May, 2009. Counsel for the petitioner is unable to state, what proceedings had taken place on 23rd May, 2009. Trial Court is directed to forthwith comply with the order passed by a Coordinate Bench on August 14, 2008 and decide the case within next two dates of hearing. Copy of order be sent to trial Court through FAX also. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 25, 2009 rps 3