Smt. Meena Lahrey v. Nyaymurti Lahrey

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 626 of 2021 • Smt. Meena Lahrey W/o Nayaymurti Lahrey Aged About 35 Years By Caste Satnami R/o Village Thathari, Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh Present Address Avantika Colony, Qtr. No. G-13, Jagdalpur P. S. Bodhghat Tahsil Jagdalpur District Bastar Chhattisgarh ---- Petitioner

Versus

• Nyaymurti Lahrey S/o Late Shri Nanhuram Lahrey Aged About 42 Years By Satnami, R/o Village Thathari, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh ---- Respondent ____________________________________________________________ For Petitioner :

Mr. Vivek Kumar Tripathi, Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/11/2021

1. Heard.

2. This petition has been brought praying for issuance of direction.

3. It is submitted by the counsel for petitioner that petitioner is wife of the respondent. On the basis of her complaint the respondent is being prosecuted for offence under Section 498A of IPC regarding which charge-sheet was filed on 6.7.2018. The trial Court has framed the charges on 11.10.2018. Subsequent to that a number of dates has been fixed for appearance of witnesses, but so far not a single witness has been examined in the case. It is also submitted that the learned trial Court is not monitoring the issuance of process to the witnesses and neither there is mention in the order-sheets regarding the process issued to any of the witness, therefore, the case is pending without any

Page No.2 progress only for the reason that the learned trial Court has not made special efforts, hence, specific direction be issued.

4. Considered on the submissions.

5. Perused the copy of order-sheets of the case filed along with the petition. It is a duty of the Presiding Officer of a Court to monitor very closely the proceeding of the trial. Any order passed for issuance of notice has to be complied with and for the same the Presiding Officer has to be alert and take appropriate steps by giving direction or remanding the persons concerned, if any order has not been complied. Therefore, I am of this view that there is requirement of issuance of direction in this case. Hence, the petition is disposed off at motion stage. The learned trial Court is directed to expedite the trial in the Criminal Case No.798/2018, the prosecution against respondent by personally monitoring the compliance of order of issuance of processes on each date of hearing and passing appropriate order. It is also directed that the case against the respondent be concluded at the earliest.

6. Accordingly, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha