Sayyed Afroj Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.518 of 2016 • Sayyed Afroj Ali S/o Late Sayyed Jakir Ali Aged About 44 Years Head Constable No. 954, Police Station Lalpur, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Anti Corruption Bureau, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondent For petitioners : Shri NK Chatterjee, Advocate.

For respondent : Smt. M. Asha, Panel Lawyer for the State.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 09.5.2016 Heard.

2.

Issue notice to the respondent.

3.

Smt. Asha accepts notice on behalf of the State/ respondent.

4.

Also heard the matter on admission.

5.

Learned counsel for the petitioner prayed that the application dated 08.01.2016 filed on behalf of the accused under Section 294 of the Code of Criminal Procedure, 1973 (for short 'the Code') be ordered to be disposed of as early as possible. It is further prayed that the Court below be directed to expedite the trial by holding the trial on day to day basis until the disposal of the matter.

6.

Perused order dated 08.01.20146 and the application dated 08.01.2016 filed on behalf of the petitioner/accused under Section 294 of the Code. On perusal of the impugned order, it appears that the Court below posted the matter for examination of the prosecution witnesses and also for reply and arguments on the said interim application.

7.

It was expected from the trial Court that if any interim application is filed, the same may be disposed of as early as possible, after affording opportunity to the prosecution to file reply for the same. Also considered the prayer of the petitioner to hold the trial on day to day basis.

8.

On due consideration, this Court do not think it fit to order for the trial on day to day basis. On due consideration, the instant Cr.M.P. is disposed of. The Court below is directed to dispose of the said application under Section 294 of the Code till 30th June, 2016. The trial Court is further directed to expedite the trial and to dispose of the matter in hand as early as possible. 9.

The petitioner may file a copy of the order before the trial Court for compliance. Registry is directed to send a copy of the order to the trial Court through usual and fax mode immediately. 10.

Cr.M.P. disposed of.

Certified copy today itself.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini