Petitioner sought direction under Section 482 CrPC to expedite delayed trial. Court noted prolonged inactivity and adjournment-seeking by accused. Held it was just and expedient to direct trial court to dispose of trial quickly.
Direction to the trial court to dispose of the pending trial expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-22608 of 2010 (O&M) Date of Decision: August 23, 2010
Darshan Singh
........Petitioner
Versus
State of Punjab and others
........Respondents
CORAM : HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.S. Sidhu, Advocate for the petitioner.
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for issuance of a direction to the Chief Judicial Magistrate, Moga to expedite and decide the trial of FIR No.44, dated 3.5.2006, under Sections 420/406/120-B of Indian Penal Code, Police Station Badhni Kalan titled as State vs. Kartar Singh etc., pending since 18.7.2007 at the stage of the evidence of the prosecution and is now fixed for 15.12.2010.
Learned counsel for the petitioner has submitted that the challan was presented on 18.7.2007 but till date the prosecution evidence has not been concluded. The accused are seeking adjournment on one pretext or the other. Petitioner is an old man aged about 73 years and his statement has not been recorded so far.
After hearing the learned counsel for the petitioner, it would be just and expedient to direct the trial Court to dispose of the trial expeditiously.
Accordingly, this petition is disposed of with a direction to the trial Court to dispose of the trial expeditiously.
(SABINA) JUDGE
August 23, 2010 Anand
2 issues framed by the court
Whether a direction can be issued to the trial court under Section 482 CrPC to expedite a pending prosecution trial.
Whether it is just and expedient to order disposal of the trial despite prolonged delay without recording petitioner's statement.
1 provisions across 1 enactments
Darshan Singh
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
