Smt. Geeta Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 747 of 2019 • Smt. Geeta Dewangan W/o - Santosh Kumar Dewangan, Aged About 34 Years, R/o - Kargi Chowk, Ward No.13, Kurud, Police Station Kurud, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Throgh The Station House Officer, Police Station Kurud, District Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Respondent For Petitioner - Ms. Shalki Tiwari, Advocate. For State/Respondent - Mr. Sanjay Pathak, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 11-09-2019 Heard.

1.

Instant petition has been brought under Article 226 of the Constitution of India praying for issuance of appropriate writ(s)/direction(s)/order(s) etc. 2.

It is submitted that the charge sheet against the petitioner has been filed in the year 2015 and till date the trial against the accused persons is pending and not a single witness has been examined so far. Therefore, the petitioner is getting harassed. Hence, it is prayed that the specific direction be given to the trial Court to expedite the trial.

3.

Learned counsel for the State has no objection if such direction is passed by this Court.

4.

Heard learned counsel for the parties and perused the documents. 5.

On perusal of the copy of the order sheets filed along with the petition, it is found that charges against the accused persons were framed on 07-082015, because of absconsion of other co-accused persons who were arrested later on and on their appearance they had filed application under Section 239 of the Cr.P.C. which was disposed off, and again thereafter the trial in this case is getting prolonged and till date no witness has been examined by the trial

-2Court.

6.

On perusal of the order sheets of the trial Court, it appears that unnecessary delay has occurred on account of different reasons, therefore, without holding responsible any person or the court concerned this Court is inclined to dispose off this petition with direction. The petition is disposed off at the motion stage with direction to the trial Court to expedite the trial and conclude the same preferably within a period of six months from the date this order is communicated to the said Court.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil