Krishna Banjare Vs State of Chhattisgarh

Brief facts of the case is that FIR no. 352/2019 was registered at Mohan Nagar Police Station Durg under Section 498-A, 406, 34 of IPC and section 4 of Dowry Prohibition Act against the petitioner and one other accused i.e. mother of the petitioner on the complaint made by the respondent no. 3 and the charge sheet was filed by the Police Station Mohan Nagar Durg on 28/12/2019 before the CJM Durg. Thereafter the matter was fixed for arguments before Charge and as from March 2020 due to pandamic Corona disease lock down has been arrived and the judiciary was also not regularly functioning and the matter was adjourn from time to time as per the directions and the matter on 14.09.2023 has been transferred to JMFC, Durg and the said date i.e. on 14.09.2023 charges for the offences under section 498-A and 34 of IPC and section 4 of Prohibition of Dowry Act was imposed and fixed the matter for prosecution evidence on 06.12.2023 and summons/notices issued to the prosecution witnesses, including the complainant/respondent no. 3. The matter got fixed for prosecution evidences for several time but till date the complainant has not been examined and the trial is still pending for prosecution evidence.

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Learned counsel for the petitioner contended that the petitioner is in police department and due to pendency of the criminal case there is difficulty appearing in his promotion and other service

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procedure. Further the complainant made the aforesaid allegation with malafide intention only to harass the petitioner and his family. He further contended that the petitioner is only seeking direction for the expeditious trial of the criminal case, within a time span as this Hon'ble Court may deems fit in the facts and circumstances of the case.

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Learned counsel for the state raised no objection in this regard.

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I have heard learned counsel for the parties and perused the record with utmost circumspection.

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Perusal of record shows that FIR no. 352/2019 was registered at Mohan Nagar Police Station Durg under Section 498-A, 406, 34 of IPC and section 4 of Dowry Prohibition Act against the petitioner and one other accused i.e. mother of the petitioner on the complaint made by the respondent no. 3 and the charge sheet was filed by the Police Station Mohan Nagar Durg on 28/12/2019 before the CJM Durg. Thereafter the matter was fixed for arguments before Charge and as from March 2020 due to pandemic Corona disease lock down has been arrived and the judiciary was also not regularly functioning and the matter was adjourn from time to time as per the directions and the matter on 14.09.2023 has been transferred to JMFC, Durg and the said date i.e. on 14.09.2023 charges for the offences under section 498-A and 34 of IPC and section 4 of Prohibition of Dowry Act was framed and fixed the matter for prosecution evidence on 06.12.2023 and summons/notices issued to the prosecution

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witnesses, including the complainant/respondent no. 3. The matter got fixed for prosecution evidences for several time but till date the complainant has not been examined and the trial is still pending for prosecution evidence. Also, the petitioner is in police department and due to pendency of the criminal case there is difficulty appearing in his promotion and other service procedure.

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Therefore, looking to the above facts and considering the fact that the speedy trial of the case is a right of every accused under Article 21 of the Constitution, the learned trial court is directed to decide the case expeditiously as soon as possible, in accordance with law, if there is no legal impediment.

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Accordingly, the present petition is disposed off.

Sd/-

(Arvind Kumar Verma)

JUDGE

Madhurima

Krishna Banjare v. State of Chhattisgarh

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Krishna Banjare v. State of Chhattisgarh

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