High Court Of ChhattisgarhCRMP/2528/2019disposed off

Kunal Bhoi v. State Of Chhattisgarh

2019-12-19Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2528 of 2019 • Kunal Bhoi S/o Chakara Bhoi Aged About 26 Years R/o Dhanupali, Police Station Dhanupali, District Sambalpur, Odisha. ---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Ratanpur, District Bilaspur Chhattisgarh ---- Respondent Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19-121. Perused the material on record.

2. Earlier on 18-7-2019 in MCRC No. 3584/2019 the bail petition of applicant Kunal Bhoi was dismissed as withdrawn however, the trial Court was directed to expedite the trial and dispose of the case as soon as possible preferably within 4 months from the date of receipt of copy of that order and to submit date wise progress report after two months from that date.

3. Despite of clear direction, the Special Judge under NDPS Act, Bilaspur did not submit the date wise progress report after expiry of two months from the date of order dated 18-72019. Instead of it, when this Court called date wise report by order dated 22-11-2019 he sent the progress report dated 29-11-2019.

4. As per the date wise progress report Presiding Officer received copy of said order on 30-7-2019. On 13-11-2019 he did not examine the present witness due to time constraint, though it was duty of trial Court to give the top priority to aforesaid case looking to the direction of this Court and should not return back any witness unexamined.

5. Looking to the above mentioned facts and circumstances, trial Court is directed to conclude the trial as early as possible preferably within a period of two months from the date of receipt of copy of this order.

6. This Court is not pleased with not submitting the date wise progress report within 2 months from receiving aforesaid order by the Presiding officer (Shri Sanjeev Kumar Tamak) and the aforesaid proceeding dated 13-11-2019 where he left the witness unexamined. He is advised to be careful in future.

7. This CRMP is accordingly disposed of.

8. A copy of this order be sent to the Distt. Judge, Bilaspur. Sd/- (Sharad Kumar Gupta) Judge Pathak