Mamta Sharma vs State of Punjab and Others

Jaswant Singh, J.—Complaint-wife of accused Respondent No. 2-Rajneesh Kumar has approached this Court u/s 482 Code of Criminal Procedure for direction to the learned trial court for framing of the charges in complaint case No. 44 dated 4.12.2007 titled as Mamta Sharma v. Rajnesh Kumar and another under Sections 406, 498A, 307, 323, 506, 341, 506 read with Section 34 IPC (P2).

Learned Counsel submits that after recording of entire pre-charge evidence the case is pending for framing of the charges since the last two years on the premise and interpretation that this Court is seized of the matter in Crl.M. No. M-19047 of 2008. It is submitted that the aforesaid petition was filed by the Respondent No. 3-Harbans Lal-father-in-law of the complainant/Petitioner and in the said petition till now there is no order staying the proceedings. It is further submitted that the proceedings in the aforesaid petition are being got adjourned on one pretext or the other to delay the matter.

Learned Counsel for the Petitioner prays that in the absence of any stay granted by this 3. Court, the learned trial Court be directed to proceed with the matter expeditiously.

After hearing the learned Counsel, it appears that the prayer made is fair and proper and liable to be accepted. It is apparent from the record as produced by the Petitioner that till now there is no order staying the proceedings in the aforesaid complaint case. Accordingly, it would be appropriate and in the interest of justice if the learned trial Court is directed to proceed with the matter in the absence of any stay order passed by this Court.

In view of the submission of the learned Counsel and the facts projected by the complainant, this petition is disposed of with the direction that unless there is a stay order produced by the Respondents, the learned trial Court shall proceed with the case without any hindrance and dispose of the same expeditiously.