Disposed

Sunita Bansal v. State (Nct of Delhi) & Anr.

Delhi HC19 Mar 2018W.P.(CRL)/796/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition invoking Article 226 Constitution and Section 482 Cr.P.C. to direct the Trial Court to expedite taking cognizance of a charge-sheet filed in 2016 without any decision till date. Court directed Trial Court to proceed on merits.

What did the court decide?

Writ petition disposed of with request to Trial Court to pass speaking order on taking cognizance on 31.03.2018 or soon thereafter.

Sunita Bansal Vs State (Nct of Delhi) & Anr. — Civil Procedure and Limitation | Delhi HC (2018)

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$~31 *** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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DECIDED ON : 19^th MARCH, 2018 + W.P.(CRL) 796/2018 SUNITA BANSAL ..... Petitioner Through : Mr.Ajit Kakkar, Advocate with Ms.S.Pani, Advocate.

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versus THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Sanjay Lao, ASC.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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S.P.GARG, J. (Oral)

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Present writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioner to seek directions to the Trial Court to expedite the process of taking cognizance of the charge-sheet filed under Sections 498A/406/34 IPC. Status report not filed. 2. I have heard the learned counsel for the parties and have examined the file. Only grievance of the petitioner is that despite filing of charge-sheet long back, the learned Trial Court has not taken any decision to take cognizance.

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Perusal of the file reveals that the charge-sheet was filed in the Court in 2016. However, till date no cognizance has been taken.

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W.P.(Crl.) 796/2018 Page 1 of 2

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Record reveals that various dates have been given by the learned Presiding Officer for consideration of the charge-sheet / limitation for taking cognizance of the offence. However, till date no effective proceedings have been conducted. It has resulted in delay in the further trial of the case and the proceedings have remained at the initial stage.

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Learned Addl. Standing Counsel for the respondent urges to direct the Trial Court to expedite the trial.

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Since the cognizance has not been taken and the next date of hearing before the Trial Court is 31.03.2018, in the interest of justice and for speedy trial of the case, the learned Trial Court is requested to proceed further on merits after passing speaking order whether to take cognizance of the offence or not on 31.03.2018 itself or soon thereafter.

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The writ petition stands disposed of in the above terms.

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Copy of the order be sent to the Trial Court for information.

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(S.P.GARG) JUDGE

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MARCH 19, 2018 / tr

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W.P.(Crl.) 796/2018 Page 2 of 2

Sunita Bansal v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Sunita Bansal v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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