High CourtsSingle Bench(2011) 02 P&H CK 0203

Shashi Kumar Chadha vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 1 February 2011

HON’BLE JUDGES
Nirmaljit Kaur, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M 3057 of 2011

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Judgment

5 paragraphs · 229 words

Nirmaljit Kaur, J.—This is a petition u/s 482 of Cr.P.C for issuance of directions to Respondent No. 2 to hear and decide the Criminal Revision No. 29 dated 08.12.2010 and the stay application before the date fixed before the Chief Judicial Magistrate, Hoshiarpur, as otherwise the criminal revision would become infructuous.

2.

It is contended that the application u/s 319 Cr.P.C moved by the present Petitioner was dismissed by the Chief Judicial Magistrate, Hoshiarpur. Thereafter, a revision against the said order is pending before the Additional Sessions Judge, Hoshiarpur. However, the same is being adjourned for one reason or the other. In case, the same is not decided, the main case before the Chief Judicial Magistrate, Hoshiarpur shall stand decided as the same is already fixed for 05.02.2011 for arguments and the revision petition pending before the Additional Sessions Judge, Hoshiarpur shall be rendered infructuous.

3.

In view of the above and without expressing any opinion on merit, the Additional Sessions Judge, Hoshiarpur is directed to decide the criminal revision on the next date of hearing i.e. 22.02.2011.

4.

Meanwhile, the Petitioner shall be at liberty to move an appropriate application before the Additional Sessions Judge, Hoshiarpur with respect to the proceedings pending before the Chief Judicial Magistrate, Hoshiarpur which shall be decided in accordance with law.

5.

The present petition is, accordingly, allowed in the above said terms.