Punjab & Haryana High Court Directs Trial Courts To Not Adjourn Trial Due To Pendency Of Quashing Petition Unless There Is A Stay

Noting that in a number of cases the Trial Courts are granting adjournments where the plea for quashing the case is pending, the Punjab & Haryana High Court has issued directions to the Trial Courts to proceed with the cases unless there is a stay.

Justice Jasjit Singh Bedi said, "I have found that in a number of cases where there are no interim orders interdicting the trial, at the instance of the counsels for either parties, the Trial Courts are not proceeding with the case for the reasons best known to them. Therefore, I deem it appropriate to issue specific directions to the Trial Courts to continue with their proceedings unless there is a stay granted on the said proceedings by any superior Court."

These observation came in response to the plea filed under Section 482 CrPC seeking quashing of the FIR filed for criminal breach trust against a Sarpanch and others of a village in Punjab under Section 409, 120-B IPC.

While hearing of the case, the state counsel informed the Court that the petitioners are repeatedly seeking adjournments on the grounds that a quashing petition is pending before the High Court.

Justice Bedi noted that in a number of orders passed by the Trial Court, adjournment was granted to the petitioner on the ground that the proceeding for quashing the case is sub judice before the High Court.

"Despite the fact that there is no stay on the proceedings before the Trial Court, the petitioners are repeatedly seeking adjournments on the grounds that the present petition for quashing of the FIR is pending before this Court," observed the bench.

In the light of the above, the Court passed directions to Trial Court to not to adjourn the case on the above ground unless the proceeding have been stayed.

Stating that a copy of this order be communicated to all the District & Sessions Judges in the States of Punjab, Haryana and U.T., Chandigarh for necessary compliance and also to the Director of the Judicial Academy, Sector 43, Chandigarh for necessary information, the bench listed the matter for February 29.

Appearance: Ankur Bansal, Advocate, for the petitioners.

Harkanwar Jeet Singh, AAG, Punjab.

Title: BISHAN DASS AND ORS VS STATE OF PUNJAB AND ANOTHER

Click here to read/download the order