Disposed

S.C.Sarkar Subhsh Chandra Sarkar v. State of Jharkhand

Jharkhand HC9 Sept 2016Cr.M.P./1288/2008

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition seeking quashing of an order taking cognizance under Section 182 IPC. The court, noting the trial is pending and decided after a decade, directed completion of trial instead of deciding on merits.

What did the court decide?

Direction to the trial court to conclude the trial by 14/09/2016 and deliver judgment within one week thereafter.

S.C.Sarkar Subhsh Chandra Sarkar Vs State of… — Criminal Trial and Appeal | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr. M.P. No. 1288 of 2008

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S.C. Sarkar (Subhash Chandra Sarkar S/o late Kamakhya Prasad Sarkar) Son of Late K.P. Sarkar, resident of E-316/II, Heavy Engineering Corporation, Township, Police Station, Jagarnathpur, and Post Office Dhurwa, dist. Ranchi

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... ... ... Petitioner Versus

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The State of Jharkhand ... ... ... Opp. Party

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CORAM: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

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............

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For the Petitioner : Mr. G. Mustafa, Advocate For the State : Mr. Amresh Kumar, A.P.P.

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3/09.09.2016 Heard Mr. G. Mustafa, learned counsel for the petitioner and Mr. Amresh Kumar, learned A.P.P. for the State.

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In this application, petitioner has prayed for quashing of the order dated 23.06.2005, passed in Dhurwa P.S. Case No. 227 of 2004, corresponding to G.R. No. 3705 of 2004 by which cognizance has been taken by the learned Chief Judicial Magistrate under Section 182 of the Indian Penal Code.

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It has been submitted by learned counsel for the petitioner that ingredients for proceeding against the petitioner under Section 182 of the IPC is not fulfilled. It has been submitted that petitioner had merely sent a report with respect to theft committed on 27.11.2004. Learned counsel further submitted that petitioner has also retired on 30.06.2005.

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Mr. Amresh Kumar, learned A.P.P. has opposed the prayer made by the petitioner.

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It appears from the status report, which was called from the trial court and which has been received, that the case is pending for argument on the next day i.e. 14.09.2016. Learned counsel for the petitioner has submitted that initially the case was fixed for admission, but after change of the transfer of proceedings, case is once again fixed for argument.

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Be that as it may, since the trial has also concluded and the case has been fixed for argument, I am not inclined to interfere in the proceedings at this late hour. In such view of the matter, without going into the merit of the case this application is disposed of with a

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direction to the learned trial court to conclude the trial by 14.09.2016 and deliver the judgment within a period of one week after conclusion of the argument.

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Since the matter is pending for more than a decade, no adjournment shall be granted to either of the parties. It is once again noted that this court has not expressed any opinion on the merits of the case.

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(Rongon Mukhopadhyay, J.)

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Binit

S.C.Sarkar Subhsh Chandra Sarkar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

S.C.Sarkar Subhsh Chandra Sarkar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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