Jatin Akash Singh v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 712 of 2020 Jatin Akash Singh, S/o. Late Anuj Ambar Singh, aged about 39 years, R/o. L - 6, Rajeev Nagar, P.S. Khamardih, District Raipur Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh, Through : S.H.O., P.S. Khamardih, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh -----Respondent For Applicant : Mr. Maneesh Sharma, Advocate For State : Mr. Devendra Pratap Singh, Dy.A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board / 11 /20 1.

This revision petition has been brought against the order dated 16.10.2020, passed in Special Criminal Case No.26/2020, by the learned Court of Special Judge (NDPS Act), Raipur, District - Raipur (C.G.), by which the learned trial Court has dismissed the prayer made for initiation of trial against the applicant. 2.

It is submitted by the learned counsel for the applicant that as the Courts are have started functioning and therefore, the petition may be disposed off with a direction to the Court below. 3.

Considered on the submissions and perused the impugned order. The applicant is being prosecuted for the offence punishable under Section 21(b) of N.D.P.S. Act, Section 34(2) of C.G. Excise Act and 25 & 27 of Arms Act. Charge-sheet has been filed on 02.06.2020. Because of suspension of normal functioning of the

Page No.2 Courts due to pandemic situation, the trial could not be initiated, therefore, the prayer for initiation of trial was rejected by the Court below on 16.10.2020.

4.

As the suspension of normal functioning of the Courts have been lifted in partial manner since 17.11.2020, therefore, for the reason that petitioner is in continuous detention and there are already direction for speedy disposal of the cases against under trial prisoners, hence, considering this direction, the present petition is disposed off at motion stage. The learned trial Court is directed to initiate the proceeding in trial against the petitioner and expedite the matter. The trial Court is further directed to conclude the trial preferably within a period of six months from the date this order is communicated.

5.

Accordingly, this petition is disposed off with aforesaid directions. Sd/- (Rajendra Chandra Singh Samant) Judge Balram