The High Court refused to quash criminal proceedings under Sections 4-8 of the Immoral Traffic Prevention Act, 1956 despite claims of delay. However, it directed the trial court to expedite the trial and considered transferring the case for early disposal.
Prayer for quash dismissed; direction to expedite trial and potentially transfer the case.
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CRLMC No.1344 of 2019
Heard, the learned counsel for the petitioner.
This application under Section 482 of Cr.P.C. has been filed by the petitioner with a prayer to quash the criminal proceeding in C.T. Case No.3778 of 2016, arising out of Chandrasekharpur P.S. Case No.357 of 2016, pending in the court of the learned S.D.J.M., Bhubaneswar on the ground of delay in disposal of the case.
The case is of the year 2016 and cognizance in this case has been taken under Sections 4, 5, 6, 7 and 8 of the Immoral Traffic Prevention Act, 1956.
Considering the facts and submissions made, I am not inclined to quash the aforesaid criminal proceeding.
However, at this stage, learned counsel for the petitioner submits that the trial of the case be expedited since the case is of the year 2016.
The court of S.D.J.M., Bhubaneswar is having many year old cases pending, as such, no time limit can be prescribed, especially when the case has not come to the trial file.
However, considering the submissions made, the learned S.D.J.M. concerned may do well to take all effective steps to bring the case to trial file for disposal of the case expeditiously, if there is no other legal impediment and may transfer the case to any other court of competent jurisdiction for early disposal of the case.
With the aforesaid order, this CRLMC stands disposed
of.
…………………..
S.Pujahari, J.
DA
2 issues framed by the court
Whether criminal proceedings under the Immoral Traffic Prevention Act, 1956 should be quashed due to delay in disposal.
Whether the trial court should expedite the disposal of old pending cases.
2 provisions across 2 enactments
Petitioner
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
