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Smt Sagar Vs State of Raj and Ors. — Civil Procedure and Limitation | Rajasthan HC (2018)

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Rajasthan HC
2018
Smt Sagar Vs State of Raj and Ors.Smt Sagar v. State of Raj and Ors.

Allowed

Smt Sagar v. State of Raj and Ors.

Rajasthan HC17 Jan 2018CRLMP/6801/2017

Case brief

AI extract

What is this about?

Mehsuli HC Supreme that the trial court must frame charges within a timeframe.

What did the court decide?

The trial court is directed to frame charges within three months.

What the court decided

AI extract

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misccellaneous (Petition) No. 6801 / 2017

Smt. Sagar W/o Mukesh Kumar B/c Meena, Aged About 27 Years, R/o Village Koyala, Police Station Bamanwas, District Sawai Madhopur, Raj.

----Petitioner

Versus

State of Rajasthan Through PP.

Smt. Kailash Kanwar W/o Guman Singh, D/o Ganga Singh Rathore B/c Rajput, R/o Bad Gahnoli Chuck No.1, Holding the Office of Sarpanch, Gram Panchayat, Koyala, Tehsil and Police Station Bamanwas, District Sawai Madhopur, Raj.

Dharmendra Singh S/o Laxman Singh B/c Rajput, R/o Chirnotiya, Presently R/o Hingoniya, Police Station Jobner, District Jaipur, Raj.

----Respondents _____________________________________________________ For Petitioner(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma

For Respondent(s) :

HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the trial court should be directed to frame the charge within a specific time frame.
2.
Whether the delay in framing the charge warrants interim relief.

Parties & counsel

AI extract

petitioner
Smt. Sagar W/o Mukesh Kumar B/c Meena
respondent
State of Rajasthan Through PP.
respondent
Smt. Kailash Kanwar W/o Guman Singh
respondent
Dharmendra Singh S/o Laxman Singh

Coram

AI extract

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 17 Jan 2018 · January
Registered: 20 Dec 2017
Case no.: CRLMP/6801/2017

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Cite this judgement

Smt Sagar v. State of Raj and Ors., CRLMP/6801/2017 (RJ), decided on 17 January 2018.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Deeep Maheshwari

Parties & counsel

Outcome

The trial court is directed to frame charges within three months.

Issue for consideration

Whether the trial court should be directed to frame the charge within a specific time frame. +1 more

Detailed headnote1 paragraphs

The High Court allowed the criminal miscellaneous petition. It directed the trial court to frame charges within three months from the date of the order to ensure speedy disposal of the criminal case pending after charge-sheet filing.

A compact analysis

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.

Order

17/01/2018

Heard learned counsel for the petitioner.

The short prayer made by him is that the trial court may be directed to frame the charge within a time frame in Criminal Case No.870/2017 (State Vs. Kailash Kanar & Ors.).

On perusal of the record, it appears that the FIR was filed on 21.03.2015. After investigation, charge-sheet came to be filed on 13.02.2017 and cognizance was taken on 07.03.2017. Thereafter, the matter is pending for charge arguments and framing of

(2 of 2)

[CRLMP-6801/2017]

charge. It appears that recently, the case has been transferred to the Court of Additional Chief Judicial Magistrate, Gangapurcity under the orders of Chief Judicial Magistrate, Sawaimadhopur.

Indisputably, every person connected with the criminal proceedings is entitled to get the matter decided on merits at the earliest. In the case in hand, not even the charge has been framed despite a period of almost 10 months has lapsed after the cognizance order.

In view of above, the misc. petition is allowed and direction is given to the learned trial court to take all necessary steps to hear both the sides on charge arguments as per law and to proceed for framing charge accordingly at the earliest and at the most within a period of three months from today.

(DEEPAK MAHESHWARI) J.

Rm/56

Deeep Maheshwari

CNR

RJHC020759832017

Topic

Civil Procedure and Limitation

Bench

Disposal

ALLOWED

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