IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-46888 of 2007 (O&M)
Date of Decision:- 24 .08.2009
Gurmit Singh son of Mann Singh ....Petitioner(s)
vs.
State of Punjab and another ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Onkar Singh, Advocate,
for the petitioner.
Mr.Amandeep Singh Rai, AAG, Punjab.
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AUGUSTINE GEORGE MASIH, J.
Counsel for the petitioner does not press the present petition,
however, he contends that in view of the judgment passed by the Chief
Judicial Magistrate, Jalandhar, on 1.3.2005 (Annexure P-2) in the case of
the co-accused, the petitioner is bound to be acquitted by the trial Court. He
contends that various dates have been granted by the trial Court but the
complainant himself is not coming forward to depose before the Court and
as such, the trial is lingering on without any result. He further contends that
the beneficiary of the transaction through the power of attorney wherein it
has been alleged that the petitioner is an attesting witness, has been in his
evidence given by the complainant before the trial Court stated to have not
forged by the beneficiary i.e. the co-accused, namely, Pran Nath, and,
therefore, the petitioner deserves to be acquitted. He further submits that
the trial before the Court be expedited so that the petitioner would be in a
position to know the outcome of the trial at the earliest.
Crl.Misc.No.M-46888 of 2007 (O&M) -2-
In view of the above factual position, which is not disputed by
the counsel for the State and the judgment dated 1.3.2005 (Annexure P-2)
which has been relied upon by the counsel for the petitioner in the case
titled as State vs. Prem Nath (co-accused), the present petition is disposed
of with a direction to the trial Court to expedite and conclude the trial
proceedings preferably within a period of three months from the date of
receipt of certified copy of this order.
August 24, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE