Speed up trial in insurance scam case with Army Officer: P&H HC| SCC Times
Punjab and Haryana High Court: In the present case, the petitioner filled the petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to issue directions to the Trial Court to expedite and conclude the trial of the case arising out of the FIR under Sections 420 and 120-B of Penal Code, 1860 (‘IPC’) and Sections 66-C and 66-D of the Information Technology Act, 2000 (‘IT Act’). A Single Judge Bench of NS Shekhawat J. directed the Trial Court to expediate the case of insurance policy scam case with the petitioner who is a 76-year-old Army officer. The Court held that the proceedings were held in a very casual manner, and it was never expected that leniency would be shown to the accused in such serious crimes.
Background
The petitioner was a 76-year-old decorated Army Officer, who had served the country throughout his life. He was cheated of Rs 58.68 lakhs by the accused on the pretext of getting him an insurance policy. The accused was running a gang to play fraud with innocent persons by using highly advanced techniques and adopting all delaying tactics before the Trial Court to delay the trial.
The petitioner contended that on one date, an accused remained absent whereas on the other date, another accused prayed for exemption from personal appearance and were taking unreasonable adjournments on various dates on one pretext or the other. Further, the petitioner stated that the Trial Court adopted a very lenient attitude even though the case was listed for about 61 dates of hearing but only the examination of two witnesses could be completed.
Analysis and Decision
The Court emphasised that the trials where the complainant or the accused are senior citizens must always be disposed of in priority and in a time bound manner.
The Court opined that it was apparent from the record that the Trial Court was unreasonably lenient with the jail authorities, who had failed to produce the case before the Court repeatedly.
Considering that the applications for exemption from personal appearance were moved before the Trial Court and 30 exemptions from personal appearance were granted to one accused, whereas 10 exemptions were granted to another; the Court observed that it clearly showed that the Court proceedings were held in a very casual manner and it was never expected that the leniency would be shown to the accused in such serious crimes.
The Court directed the Trial Court to take up the present case as a priority.
The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of such a casual approach in criminal trials. The Court held that the exemption from personal appearance should be granted only when reasonable grounds exist for extending such benefits to the accused. Further, the cases of senior citizens should be decided on priority and the Presiding Officers of the Court must adopt a humane and balanced approach in dealing with the litigants.
[Col. Sukhwinder Singh Dhillon v. State of Punjab, CRM M-38744 of 2025, decided on 22-7-2025]
Advocates who appeared in this case:
For the Petitioner: Neha Shukla, Advocate
For the Respondent: M.S. Bajwa, DAG, Punjab