CRR No.273 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.273 of 2010 (O&M) Date of Decision : 09.02.2011 Loveleen Singh Sodhi …Petitioner Versus Amar Nath Bagi 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 23.05.1999 while the complaint was instituted on 28.07.1999 and the accused were summoned on 25.09.1999 but the notice of accusation was served only on 14.03.2007 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.273 of 2010 (O&M) -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