Petitioner sought speedy disposal of criminal trial and exemption from appearance citing health issues. Court found petitioner fit for duties and dismissed petition as no ground existed for exemption or acceleration given petitioner's non-appearance contributed to delay.
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Represented by: Mr.Rohit Krishan Nagpal with Mr.Pankaj Kumar Walia, Advocate
versus
THE STATE GOVT OF NCT OF DELHI ... Respondent Represented by: Ms.Nandita Rao, ASC for Mr.R.S.Kundu, ASC for the State
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 03.12.2018
Crl.M.A.No. 18821/2017
Status Report has been handed over which is taken on record. Medical papers of the petitioner have been verified as per which the petitioner is fit to join duties and report whenever required. Hence, this Court finds no ground to grant exemption from personal appearance to the petitioner.
Application is dismissed.
W.P.(CRL) 3178/2017
By this petition the petitioner prays for speedy disposal of the trial in FIR No.337/2010 under Section 420 IPC registered at PS Maurya Enclave, Delhi. Admittedly, in this case charge sheet was filed in the year 2014 and W.P.(CRL) 3178/2017 Page 1 of 2
as per the report of the learned Trial Court, the trial is at the stage of arguments on charge and the delay is primarily for the reason that the petitioner has not been appearing or occasionally other accused have not been appearing. A perusal of the copies of order sheets of the learned Trial Court show that on almost all dates exemption from appearance of the petitioner is sought on the ground that he is not well.
Considering the facts noted above and the fact that presently the condition of the petitioner is not such that he is confined to bed or that he cannot move and that the delay if any, is due to the non-appearance of the petitioner or other accused, this Court finds no ground to pass any order in favour of the petitioner.
Petition is dismissed.
MUKTA GUPTA, J.
DECEMBER 03, 2018 ‘rk’
Page 2 of 2
W.P.(CRL) 3178/2017
1 issue framed by the court
Whether to grant exemption from personal appearance and speedy disposal of criminal trial due to petitioner's health condition
1 provisions across 1 enactments
Arun Phull
The State Govt of NCT of Delhi
Mukta Gupta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
