IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.38425-M of 2003
DATE OF DECISION : SEPTEMBER 15, 2008
DALIP CHAND GERA ....... PETITIONER(S)
VERSUS
STATE OF HARYANA ETC. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: None for the petitioner(s).
Mr. Sidarath Sarup, AAG, Haryana.
AJAI LAMBA, J. (Oral)
This petition under Section 482, Code of Criminal Procedure,
has been filed praying for directions to the effect that order dated
24.12.1999 in regard to summoning of the accused, may be complied with
and the trial be expedited.
The facts, as they emerge, are that the petitioner-complainant
lodged a complaint, which was dismissed vide order dated 29.7.1996
(Annexure P-2). The complainant carried a revision petition, which has
been allowed vide order dated 24.12.1999 (Annexure P-3). The operative
part of the order reads as under:-
“In the light of above discussion and in view of the
pronouncements of the Hon’ble High Court and Supreme Court
the order dated 29.7.96 passed by learned C.J.M. Gurgaon is
Criminal Misc.38425-M of 2003 2hereby set aside and the case is remanded back to that court
for rehearing the complainant and then to issue process
against the accused as per law. The complainant is directed
to appear before the trial court on 12.1.2000 for further
proceedings. Lower Court file be sent back with the with the
copy of this order.”
The zimny orders passed by the Magistrate have been placed
on record as Annexure P-5 (collectively).
Learned counsel for the petitioner has not come present to
inform the court as to what has transpired in the preceding five years.
It seems that the matter has been rendered infructuous on
account of afflux of time, particularly considering the nature of prayer
made in the petition.
Dismissed as infructuous.
It is, however, made clear that in case any cause of action
survives, the petitioner-complainant shall be at liberty to file an
application.
September 15, 2008 ( AJAI LAMBA ) Kang JUDGE