Anurag Bacchhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2486 of 2018 Anurag Bacchhan, S/o. Vinaykant Bacchhan, Aged About 36 Years, R/o. Prizad Extension, Quarter No.49, Police Station- Civil Lines, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through S.H.O. Civil Lines, Bilaspur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Krishna Tandon, Advocate For Respondent :

Mr. S.R.J.Jaiswal, Panel Lawyer.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.01.2019 Heard 1.

The present petition is for seeking direction to conclude the Criminal Case bearing No.6273/2016 within the stipulated time, which is pending for the offence under Section 403 of I.P.C. emanating from Crime No.02/2016.

2.

Learned counsel for the applicant submits that the criminal case is pending since 2016 and because of one of the co-accused Suresh Netam is absconding, the trial is not concluded; therefore, specific direction may be given to conclude the trial. He relied on the judgment dated 09.03.2017 passed in Criminal Appeal No.509 of 2017 by the Supreme Court and further relied in case of Abdul Rehman Antulay & Ors. v. R.S.Nayak & Anr. reported in (1992) 1 SCC 225.

3.

Perused the order sheets of the Court below. Perusal of the order sheet shows that despite notice, the prosecution witnesses are not turning up. In view of this, taking into nature of the offence and the principles laid down by the Supreme Court in Criminal Appeal

No.509 of 2017, it is directed that the trial Court shall be obliged to conclude the proceeding in respect of the accused/applicant within a further period of one year from the date of receipt of a certified copy of this order.

4.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Ashok