Petitioner sought N.B.W. against accused in a case pending since 1996. Court directed trial court to execute warrants, monitor execution, and submit periodic reports due to lethargy in trial proceedings.
Trial court directed to execute warrants, monitor execution, and submit periodic reports to the Registry.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
S.B.Crim.Misc. Petition No.444/2006. Rameshwari Vs. Girdhari Lal & Ors.
Date of Order :01.09.2014.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Petitioner Smt. Rameshwari and her brother Shri Ramswroop are present in person. Shri Madan Lal Javeriya, Assistant Director, Prosecution is present in person. Shri Dwarka Prasad Sharma, ACP,Shastri Nagar, Jaipur is present in person.
Lawyers are stated to be on indefinite
strike.
Present petition has been filed under Section 482 Cr.P.C. praying that direction be given to the trial Court to summon the respondent No.2 Gumanmal and respondent No.3 Ramavtar by way of non-bailable warrants.
This Court on 27th August, 2014 had passed the following order : -
“Lawyers are stated to be on indefinite strike.
Present petition has been filed under Section 482 Cr.P.C. praying that a direction be given to the Court of Judicial Magistrate (Junior Division) No.7, Jaipur City, Jaipur to summon accused by way of non-bailable warrants.
In para No.4 of the petition, it is stated that on 27th January, 1996, Court took cognizance against the accused persons and summoned them to stand trial. It is stated that various efforts have been made but accused-persons have not been summoned to stand trial.
Deputy Registrar (Judicial) is directed to obtain progress/status report from the trial Court through FAX immediately and submit report to this Court.
List tomorrow i.e. on 28th August, 2014 in the supplementary list.”
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In pursuance there of, the trial court has submitted progress/status report. As per the report received from the trial court on 18th June, 1996 accused Geeta Devi, Mahendra Kumar, Khmeraj and Lata were released on bail. And thereafgter Girdhari was also released on bail. As per the report received from Metropolitan Magistrate NO.7, Jaipur Metropolitan Girdhari,Khemraj, Geeta and Mahendra are appearing before the trial Court.
Shri Dwarka Prasad Sharma, ACP, Shastri Nagar, Jaipur being Investigating Officer is present in Court. He has submitted that after 3rd March, 2009 he has neither received any summons nor bailable warrants/ non-bailable warrants for execution.
Dwarka Prasad Sharma, ACP, Shastri Nagar, Jaipur is directed to appear before the Metropolitan Magistrate, No.7, Jaipur Metropolitan on 8th September, 2014. On the said date, trial court shall handover bailable warrants to Assistant Commissioner of Police for execution qua the remaining accused for whose appearance the trial has been held up.
The trial Court shall monitor execution of warrants and shall also submit periodic reports regarding status/progress of trial to Deputy Registrar (Judicial). On 08th September, 2014 Dwarka Prasad Sharma, ACP, Shastri Nagar, Jaipur after obtaining bailable
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warrants qua the accused who have not caused appearance before the trial court shall execute warrants positively before 27th September, 2014.
This Court records its anguish and pain that the trial court has not taken any active steps qua the accused who have not caused appearance before the trial court in pursuance of the summoning order passed in a complaint case especially when the complaint is pending since 1996.
with the direction issued above, present petition is disposed of.
(Kanwaljit Singh Ahluwalia), J.
N.Gandhi/206
Certificate- All corrections have been incorporated in the judgment/order being emailed.
Naval Kishore Gandhi P.A.cum judgment writer
2 issues framed by the court
Whether direction can be given to the trial court to summon accused by way of non-bailable warrants upon complaint of delay in trial.
Whether the trial court has failed to take active steps to execute warrants and conduct trial pending since 1996.
1 provisions across 1 enactments
Rameshwari
Girdhari Lal
Ramavtar
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
