Ramratan Kashyap v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 124 of 2015 Ramratan Kashyap S/o Baisakhu Ram Kashyap Aged About 63 years OccupationRetired Sub Inspector, R/o Yadunandan Nagar, Tifra Bilaspur, Civil & Revenue, Distt. Bilaspur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through - District Magistrate, Dantewada, Distt. Dantewada (Chhattisgarh)

2. Superintendent Of Police, Dantewada, Distt. Dantewada (Chhattisgarh)

3. Special Police Establishment Office, Through S.H.O., Kuakonda, DistrictDantewada (Chhattisgarh) ---- Respondents For Petitioner :

Shri Awadh Tripathi, Advocate For Respondent/State :

Shri Satish Gupta, Govt. Advocate Order On Board 14/07/2015 Heard.

Grievance of the petitioner is that the petitioner is being prosecuted for alleged commission of offence under Section 13 (1) (d) & 13 (2) of the Prevention of Corruption Act. The trial was was commenced in the year 2002. But, even after lapse of 13 years, the trial has not been concluded. The petitioner is a retired Govt. servant. Due to pendency of criminal case, the gratuity and pension of the petitioner are also not being finalized and the petitioner is suffering grave hardship.

Considering the submissions made and after going through the order-sheets of the case which have been placed on record, I find that the trial of the case is not proceeding with satisfactory speed and the case is being adjourned time and again so much so that even after 13 years, trial has not been concluded. Therefore, this is an appropriate case where the direction should be given to the trial Court to conclude the trial as early as possible. There shall be every endeavor to ensure presence of the prosecution witnesses. The trial Court shall not hesitate to ensure presence of witnesses by issuance of coercive

process of warrant if need arises. All endeavor shall be made to conclude the trial within 6 months from the date of receipt of copy of this order. The trial Court shall not grant unnecessary adjournments on mere prayer by any of the sides. After 6 months, a report shall be submitted before this Court with regard to conclusion of trial. The petition is accordingly finally disposed off at this stage. A copy of this order shall be forwarded to the Special Judge, Dantewada for strict compliance.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen