Punjab-Haryana High Court
Hira Lal Goyal And Another vs State Of Punjab And Another on 21 December, 2012
Author: Sabina
Bench: Sabina
In the High Court of Punjab and Haryana at Chandigarh
Crl.Misc.No.M-40547 of 2012 (O&M)
Date of decision: 21.12.2012
Hira Lal Goyal and another
......Petitioners
Versus
State of Punjab and another
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Sumeet Mahajan, Sr.Advocate with
Mr.Amit Kohar, Advocate,
for the petitioners.
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SABINA, J.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of order dated 7.12.2012 (Annexure P-13), whereby the application filed by the petitioners under Section 223 Cr.P.C. for joint trial of petitioners along with the co-accused has been dismissed.
The impugned order (Annexure P-3) reads as under:-
"This order of mine shall dispose of an application under Section 223 Cr.P.C. After hearing learned counsel for the applicant, I am of the considered view that although charge was framed against all accused, but against some of accused, proceedings were stayed by Hon'ble High Court, but proceedings were not stayed against applicant Hira Lal. So, there is no bar under Section 223 Cr.P.C. Crl.Misc.No.M-40547 of 2012 (O&M) -2- for proceeding further with trial of accused Hira Lal. So, I find no merit in present application. Same is hereby dismissed. It is also pertinent to mention here that accused through his counsel files one after another application without any basis or without any merit. So, he is warned not to file false and frivolous applications, otherwise he will be burdened with cost."
Earlier the petitioners have filed CRM-M No.4894 of 2009 seeking quashing of the FIR in question. In the said petition in CRM No. 40855 of 2010, the following order was passed by this Court on 4.9.2012.:-
"Heard.
Proceedings before the trial Court may continue. However, passing of the final judgment shall remain stayed.
Application stands disposed of."
Since this court has already directed that the proceedings before the trial Court qua the petitioners may continue and passing of the final judgment was stayed, the impugned order passed by the trial Court dated 7.12.2012 (Annexure P-13) under Section 223 Cr.P.C. calls for no interference.
Accordingly, this petition is dismissed.
(SABINA) JUDGE December 21, 2012 anita