Rachit vs Balak Ram

Anoop Chitkara, J

Aggrieved by the dismissal of applications, i.e., Cr.MA No.143-4 of 2021 and Cr.MA No.144-4 of 2021 filed under Sections 311 and 315, Cr.PC

respectively in case No.RBT-508-3 of 19/18 by the learned Trial Court, the accused has come up before this Court under Section 397, Code of

Criminal Procedure, 1973.

I have heard learned counsel for the parties and gone through the record.

Mr. H.S. Rawat, learned counsel for the respondent has argued that the aforesaid applications were filed with a view to delay the proceedings.

A perusal of the application filed under Section 311, Cr.PC explicitly mentions that Covid-19 Pandemic was the main reason for the obstruction

which led to moving of the said application. I have also gone through the impugned order dated 16.3.2021 passed by the learned Trial Court.

Without commenting on the merits of such order, the Courts cannot be oblivious of the difficulties being faced by the common man due to the Covid

19 Pandemic and the restrictions imposed consequent thereto.

Given above, this petition is allowed and the impugned orders dated 16.3.2021 passed in Cr.MA No.143-4 of 2021 and Cr.MA No.144-4 of 2021 in

case No.RBT-508-3 of 19/18 by the learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla are set aside. The matter is

remanded back to the learned Trial Court. The petitioner to produce his evidence before the learned Trial Court on 13.9.2021 and in case of any

reason the witnesses could not be present on the given date, then positively on 20.9.2021. Given the apprehension of the learned counsel for the

respondent, the learned Trial Court is requested to expedite the proceedings and close the matter on priority.

Cr.MP No.1262 of 2021

Given the order in the main petition, this application and interim order dated 29.7.2021 have become infructuous and the same are closed.

Registry is directed to send a copy of this order to the learned Trial Court along with the record forthwith.