Nazim Ali v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 182 of 2018 • Nazim Ali S/o Hashi Ali, Aged About 28 Years R/o Chakradhar Nagar, P.S. Chakradhar Nagar, Raigarh, Tahsil And District Raigarh Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. The Inspector General Of Police Bilaspur, District Bilaspur Chhattisgarh

3. The Collector, Raigarh, District Raigarh Chhattisgarh

4. The Superintendent Of Police, Raigarh, District Raigarh Chhattisgarh

5. City Superintendent Of Police, Siddharth Tiwari, Raigarh, District Raigarh Chhattisgarh

6. Town Inspector, Sosanto Banerjee, Crime In-Charge, Raigarh, District Raigarh Chhattisgarh

7. Assistant Sub Inspector, Jham Lal, Jute Mill Chowki, Raigarh, P.S. Kotwali, Raigarh, District Raigarh Chhattisgarh ---- Respondents For Petitioner : Shri Rajat Agrawal, Advocate For State : Shri D.P. Singh, Deputy Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 15.07.2021

1. Learned counsel for the State would submit that in pursuance of the Istgasa final report has been filed under Section 173 of the Cr.P.C. before the concerned Judicial Magistrate First Class, Raigarh on 18.05.2018 against Crime No. 535/2018 registered before Police Station - Kotwali, Raigarh. The copy of the same is also filed as Annexure R/2.

2. Learned counsel for the petitioner would submit that offence under Section 414 IPC has been registered against him on the basis of Crime No. 535/2018 registered at Police Station - Kotwali, Raigarh and final report has also been submitted under Section 173 Cr.P.C. on 18.05.2018 before the learned Chief Judicial Magistrate, but no further progress has been made in the criminal case pursuant to the final report submitted by the police.

3. Learned counsel for the State would submit that there are 18 witnesses, therefore, it will take time for conclusion of the trial.

4. Considering the submissions made by the learned counsel for the parties and on perusal of the documents annexed, I am of the view that a direction be issued to the Judicial Magistrate First Class to conclude the trial pending against the petitioner for the last three years.

5. Accordingly, the Judicial Magistrate First Class is directed to conclude the trial at the outer limit of 1 year and 6 months from the date of receipt of copy of this order.

6. It is directed to the petitioner to cooperate with the trial and appear before the Judicial Magistrate First Class on 10th August, 2021. The trial Court in turn will make endeavour to conclude the trial within the time limited as directed by this Court.

7. Copy of the order be sent to the concerning District Judge, Raigarh forthwith for issuing direction to the concerned Magistrate to comply with the order.

8. With the aforesaid observations, the present writ petition is disposed off.

Sd- (Narendra Kumar Vyas) Judge kishore