Chandigarh: Deciding an issue regarding the maintainability of petitions filed under the Criminal Procedure Code (CrPC), now repealed, Punjab and Haryana high court said that a person accused of the commission of an offence has no right to be tried by a particular procedure or in a particular fashion. “A person has only the right of prosecution or defence in the manner prescribed for the time being, and if an act of Parliament alters that mode of procedure, he has no other right than to proceed according to the altered mode,” the HC has held. The HC has clarified that only pending proceedings should be continued and disposed of in accordance with the CrPC 1973, whereas all the proceedings to be initiated after the newly carved Bhartiya Nagarik Suraksha Sanhita , ought to be governed and disposed of as per its provisions.
Justice Sumeet Goel passed these orders on Thursday (order released on Friday) while dismissing a plea filed by a Chandigarh resident, seeking quashing of FIR on breach of trust and dowry harassment case underCrPC..