P. Bhagyalata v. Upendra Thakur

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 988 of 2019 P. Bhagyalata, W/o. Shri Treenath Rao, Aged About 43 Years, R/o. 48/9, Radhika Nagar, Supela, Bhilai, District Durg Chhattisgarh. ---- Petitioner

Versus

Upendra Thakur, S/o. Shri Kanchan Thakur, Aged About 45 Years, R/o. Block/ H.No. 19/D, St. No. 16, Near Girls School, Sector, 5, Bhilai Nagar, District Durg Chhattisgarh.

-----Respondents For Petitioner : Mr. Prasoon Agrawal, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/12/2019 1.

It is submitted by the counsel for the petitioner that the petitioner is the complainant in Complaint Case No.5293 of 2016, which is pending since about more than three years and till date the petitioner/complainant has not been examined by the trial Court. The trial Court has given number of adjournments because of which, the trial is almost standstill, therefore, specific directions be issued for expeditious trial.

2.

On perusal of the copy of the order sheet, it is found that dates fixed for examination of the complainant have been adjourned by the trial Court in a mechanical way without assigning any reason and also there is no mention that dates of hearing were adjourned on the

Page No.2 request made by the opposite side. Therefore, such approach of the trial Court in conducting the trial is not acceptable. 3.

Accordingly, the petition is disposed off at motion stage. The learned trial Court is directed to expedite and conclude the trial expeditiously preferably within a period of six months from the date, this order is communicated.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram