Dismissed

Abhishek Joshi S/O Shri Ashok Joshi v. State of Rajasthan

Rajasthan HC4 Sept 2020CRLMA/211/2020

Case brief

AI extract

What is this about?

The applicant sought to modify the expedited trial order due to the COVID-19 pandemic. The High Court, stating there is no statutory provision to review or modify such orders, dismissed the application, noting the onus lies on the trial court to seek an extension.

What did the court decide?

The miscellaneous application praying for modification of the trial timeline was dismissed as misconceived due to lack of statutory provision.

Abhishek Joshi S/O Shri Ashok Joshi Vs… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application No.211/2020

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S.B. Criminal Misc. 3^rd Bail Application No.962/2019

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Abhishek Joshi S/o Shri Ashok Joshi, Aged About 26 Years, R/o 8/30, East Patel Nagar, Delhi.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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04/09/2020

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This is a misc. application filed by the accused-applicant praying that directions for deciding the case pending before learned Special Judge, Communal Riot Cases, Jaipur Metropolitan, may be modified. It is on the count that due to COVID-19 pandemic, despite day to day hearing, trial of the instant case would not be possible to be conducted within six months.

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This Court vide order dated 27^th May, 2019 had directed to conduct the trial of the case expeditiously and complete the same within a period of five months, whereafter the case again came up before the Court on 14^th November, 2019, the directions were given to conduct trial expeditiously. Vide order dated 15^th May, 2020, this court while realising that the trial could not be completed due to COVID-19 pandemic, the 5^th bail application was

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(2 of 2)

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[CRLMA-211/2020]

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allowed and the accused-petitioner was released on bail. Now, the accused-applicant does not want to complete the trial to be conducted quickly and seeks modification of order passed earlier on 27^th May, 2019. The said application deserves to be dismissed for the following reasons:

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There is no provision under the Criminal Law to modify/review the orders passed under Code of Criminal Procedure.

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If the trial cannot be completed, it would be for the concerned Court to move an application for extension of time and it is not for the accused to state that trial would not be completed within stipulated period as directed by the court.

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In view thereof, the misc. application is misconceived and the same is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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FATEH RAJ BOHRA /6-24

Abhishek Joshi S/O Shri Ashok Joshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abhishek Joshi S/O Shri Ashok Joshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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