Niraj Jain v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 961 of 2019 • Niraj Jain S/o Shri P.C. Jain, Aged About 46 Years R/o Near Kerala Hotel, Circuit House Road Jagdalpur, P.S. - Kotwali, District - Bastar Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector District - Bilaspur Chhattisgarh.

2. Station House Officer P.S.- Kotwali, District- Bastar Chhattisgarh.

3. Judicial Magistrate First Class Bastar, Sthan- Jagdalpur Chhattisgarh. ---- Respondents _____________________________________________________________ For petitioner :

Mr. Achyut Tiwari, Advocate.

For Respondent/State :

Mr. Ghanshyam Patel, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on board 26/09/2019

1. Petition under Article 226/227 of Constitution of India has been brought by the petitioner praying for issuance of a direction to the Court below concerned for speedy disposal of the trial pending before it against the petitioner.

2. It is submitted that the charge-sheet has been filed against the petitioner for trial of the offences under Sections 294, 506 of IPC on 16.6.2016 and thereafter charges were framed on 20.7.2016. It is almost three years since the charges have been framed, but not a single witness has been examined in the trial. The trial Court is not making earnest efforts to conclude the trial, therefore, this petition has been brought for issuance of a specific direction in this regard.

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3. Learned State counsel opposes the petition and submissions made in this respect.

4. I have heard learned counsel for both the parties and perused the documents on record.

5. After considering on the submissions made by the counsel and perusing certified copy of the order-sheets of the criminal case pending before the trial Court against this petitioner, it is found that there is need for a direction to the trial Court for expeditious disposal of the trial. Accordingly, respondent No.3 is directed to make all earnest efforts to conclude the trial as early as possible, preferably within a period of four months from the date of receipt of certified copy of this order.

6. The petition is accordingly disposed off at the motion stage itself. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha