Sunil Chandra Yadu v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR CRMP No. 1141 of 2021

1. Sunil Chandra Yadu S/o Ramswaroop aged about 42 Years

2. Ramswaroop Yadu S/o Late Buturam Yadu aged about 75 Years

3. Smt. Sarswati Yadu W/o Ramswaroop Yadu aged about 67 Years All are R/o Century Cement Colony, A /16 D.G. Nagar, P.S. D.G. Nagar, Raipur, District Raipur Chhattisgarh.

4. Priti Naveen Yadu @ Bhanu W/o Naveen Kumar Yadu aged about 36 Years R/o 85/12 Sohan Green Gali, Khamahradih, Khamariya, Road, Junvani Bhilai, Police Station Pulgaon, District Durg Chhattisgarh.

------Petitioners

VERSUS

• State of Chhattisgarh Through District Magistrate Raipur, Dist. Raipur Chhattisgarh.

-------Respondent For Petitioners : Mr. Rajbahadur Singh, Advocate For Respondent : Mr. Vikas A. Shrivastava, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER

29/10/2021

1. Heard.

2. Learned counsel for petitioners submits that FIR was registered against petitioners in the year 2015 and thereafter charges have been framed on 22.12.2016 for the offences defined under Section 498/34, 506B, 323 of IPC and Section 4 Dowry Prohibition Act and since then the trial is pending. He submits that after framing of charges, out of the 15 enlisted witnesses in the charge-sheet, none of the witnesses have been examined since

last five years. He submits that in support of his contention he has filed copy of order-sheet of proceedings of trial Court pending before Judicial Magistrate, 1st Class. It is also argued that petitioner no. 2 and 3 are old age person aged about 75 years and 67 years, hence, direction be issued to the trial Court to expedite the trial.

3. Mr. Vikas A. Shrivastava, learned State counsel submits that from the documents placed on record, it appears that the charges against petitioners have been framed on 22.12.2016 and bailable warrants have been issued for presence of witnesses.

4. I have heard learned counsel for the parties and also perused the record of petition.

5. Perusal of order-sheet of trial Court would show that since December 2016 case was fixed for recording of evidence of witnesses but none of the witnesses have been examined since the case was last fixed for examination of witnesses.

6. In view of above facts and circumstances of the case, limited prayer made by learned counsel for petitioner based on the old age of petitioner 2 & 3, learned Judicial Magistrate, First Class (JMFC), Raipur is directed to expedite the trial pending in Criminal case no. 13758/2015.

7. With the aforesaid direction, petition stands disposed of. No order as to cost(s).

Sd/- (Parth Prateem Sahu) Judge Pawan