Single judge order refusing to alter trial court hearing date for cognizance application. Court directed parties to file an application before the trial court seeking an earlier date based on pendency factors.
Petitioner directed to file an application before the trial court for an earlier hearing date.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2960/2019
Smt.Beena Rani W/o Sh. Devilal, Aged About 22 Years, R/o 10, D.o.i, Gharsana, At Present Village Hasliya Police Station Goluwala Dist. Hanumangarh Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner : Mr. Vivek Sharma For Respondent : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/07/2019
The present misc. petition has been filed praying for the following reliefs:-
“That the petitioners, therefore most humbly and respectfully prayed that this criminal misc. petition filed by the petitioner may kindly be allowed :- A) By appropriate order or direction, the order dated 06/05/2019 (Annexure-3) may kindly be quashed and set aside and application (Annexure-3) filed by the petitioner under Section 190 Cr.P.C. may kindly be allowed the learned trial Court may kindly be directed to take cognizance against the other co-accused. B) That if Hon’ble Court may deem just and proper then it would be appropriate to issue direction to learned Court below to decide the application which is still pending consideration by affixing next date 21/10/2019.
(2 of 2)
[CRLMP-2960/2019]
Learned counsel for the petitioner does not want to press the above prayers made in this petition. However, he prays that the petitioner will be satisfied if the learned trial Court is directed to hear the application under Section 190 of Cr.P.C filed by her way back in the month of May, 2019 at an early date as the next date fixed by the trial Court is 21/10/2019.
The petitioner has filed a complaint for the offences under Sections 498-A, 377, 406 and 323 IPC and the proceeding in that matter is pending consideration before the Judicial Magistrate, Pilibanga, District Hanumangarh for the arguments on framing of charge. The next date fixed by learned trial Court is 21/10/2019.
Considering the submissions made by learned counsel for the petitioner, I am of the opinion that this Court is not in a position to decide the feasibility and convenience of the learned trial Court hearing of the petitioner’s case. However, I am of the view that if an appropriate application for fixing an earlier date is filed before learned trial Court then learned trial Court is expected to decide the same and if possible fix the matter at an early date taking into consideration the convenience and factors of pendency etc. in the trial Court.
The petition is disposed of in above terms.
(VINIT KUMAR MATHUR),J
43-SanjayS/-
1 issue framed by the court
Whether the High Court can direct the trial court to hear a pending application under Section 190 Cr.P.C. at an earlier date than fixed by the trial court.
Smt. Beena Rani W/o Sh. Devilal
State Of Rajasthan
Shri Devilal S/o Modu Ram
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
