Don’t hold up trials without stay order: HC to lower courts - Hindustan Times
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Don’t hold up trials without stay order: HC to lower courts

By, Chandigarh
Nov 23, 2023 08:20 AM IST

The directions came from the HC bench of justice Jasjit Singh Bedi in a plea by Jalandhar resident Bishan Dass and others.

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question.

The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on the proceedings by any superior court in the case in question. (Getty Images/iStockphoto)
The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on the proceedings by any superior court in the case in question. (Getty Images/iStockphoto)

The directions came from the bench of justice Jasjit Singh Bedi in a plea by Jalandhar resident Bishan Dass and others. They had approached the high court in March 2023, seeking quashing of a criminal breach of trust and conspiracy FIR from October 30, 2017.

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During the resumed hearing on November 21, the state’s counsel pointed out that the petitioners were repeatedly seeking adjournments before the trial court on the grounds that a petition for quashing the FIR was pending before the high court.

Four 2023 orders of the trial court in Jalandhar (March 24, May 19, August 11 and September 15) were referred to, stating that the court was to decide on framing of charges, but in view of the quashing petition pending in high court, the matter was repeatedly adjourned.

“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,” the bench observed, adding that the court in a number of cases had found that where there were no interim orders interdicting the trial, at the instance of the counsels for either parties, the trial courts were not proceeding with the case for “reasons best known to them” and granting adjournments.

The court has now issued “specific directions” to the trial courts to continue with their proceedings unless there was a stay granted on the proceedings by any superior court in the case in question.

While passing this direction, the bench told the high court administration that the copy of the order be sent to all district and sessions judges in Punjab, Haryana and Chandigarh for “necessary compliance”.

Posting the matter for hearing on February 29, 2024, the court further directed that this order also be sent to the director of Judicial Academy, Sector 43, Chandigarh, for necessary information.

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