IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-20299 of 2011 Date of Decision: 20.10.2011 Balwant Singh ... Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present: Ms. B.P.K. Brar, Advocate, for the petitioner. Mr. J.S. Brar, Assistant Advocate General, Punjab. Mr. Nakul Sharma, Advocate, for the complainant. * * * * M.M.S. BEDI, J. (ORAL) The FIR was earlier registered under Section 302 IPC. But subsequently the challan was presented under Section 304/149 IPC. The FIR had been registered at the instance of Sandeep Singh alleging that his father had been beaten to death by the petitioner alongwith three unidentified persons. The Counsel for the petitioner has submitted that the petitioner has been in custody for one year and the trial Court has not framed the charges as yet. The delay in conclusion of trial would certainly cause prejudice to the right of personal liberty of the petitioner. The same being striking a balance between the right of personal liberty and the right of the victim to have fair trial, it is deemed appropriate to dismiss this petition at this stage with a direction to the trial Court to make earnest endeavour to examine the complainant as soon as possible. The petitioner will be at liberty to approach this Court again after the recording of the statement of the complainant. 20.10.2011 (M.M.S. BEDI) Amodh JUDGE