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Judgment
N.S.Shekhawat J. (Oral)
The petitioner has filed the present petition under Section 528 of B.N.S.S with a prayer to issue directions to the Appellate Court/Additional Sessions Judge, Ludhiana to decide the criminal appeals i.e. CRA No.9829-2022, titled as “Gurpreet Kaur Vs. State” and CRA No. 9830-2022, titled as “Manjit Kaur and Anr. Vs. State”, in a time bound manner.
Since, no prejudice would be caused to the rights of respondents No.2 to 4, the present petition has been disposed of by this Court, at this stage, without even issuing formal notice to respondents No.2 to 4.
Learned counsel for the petitioner contends that the petitioner is the complainant and a victim in a case arising out of F.I.R No.17, dated 09.03.2016, under Sections 420 and 120-B of IPC, registered at Police Station Sadar Raikot (Annexure P-1), District Ludhiana (Rural). The trial was held by the Court of Judicial Magistrate Ist Class, Jagraon and vide the judgment of conviction and order of sentence dated 28.10.2022 (Annexure P-2), the respondents No.2 to 4 were convicted by the Trial Court for commission of offences punishable under Sections 420 and 120-B of IPC and were sentenced, accordingly.
Thereafter, respondents No.2 to 4 filed two separate appeals i.e.CRA No.9829-2022, titled as “Gurpreet Kaur Vs. State” and CRA No. 9830-2022, titled as “Manjit Kaur and Anr. Vs. State”, and vide the order dated 24.11.2022, sentence imposed on the respondents No.2 to 4 were ordered to be suspended. Thereafter, the appeals have been heard on various dates and every attempt has been made by the respondents to delay the proceedings before the Appellate Court. During the course of arguments, learned counsel for the petitioner has referred to zimni orders passed by the Appellate Court on various occasions, which clearly shows that the matter could not be heard due to delaying tactics adopted by the respondents No.2 to 4. Now, both the appeals are pending for nearly four years and the respondents are still not advancing the arguments before the Appellate Court. Due to this, a serious prejudice has been caused to the petitioner and some direction may be issued to the Appellate Court to decide the appeals in a time bound manner.
On the other hand, learned State counsel has no serious objection to the prayer made by learned counsel for the petitioner and submits that appropriate directions may be issued to the Appellate Court, in accordance with law.
I have heard learned counsel for the parties and perused the record carefully.
In the present case, it is apparent that the Trial Court had decided the trial on 28.10.2022 and immediately, thereafter, two separate appeals were filed by respondents No.2 to 4 before the Appellate Court. It is also discernible from the record that the appeals have been taken up by the Appellate Court on several occasions, but have been adjourned on one ground or the other. In fact, the Appellate Court is bound to decide the appeals at the earliest, after receiving the record from the Trial Court and the delay in disposal of the appeals not only causes prejudice to the rights of the complainant, but the accused as well.
In view of above discussion, the Appellate Court is directed to decide both appeals i.e.CRA No.9829-2022, titled as “Gurpreet Kaur Vs. State” and CRA No. 9830-2022, titled as “Manjit Kaur and Anr. Vs. State”, within a period of six months from the next date of hearing fixed before the Appellate Court i.e.15.10.2026.
Disposed of.