Surender Singh v. The State(NCT Of Delhi)
$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2789/2024 SURENDER SINGH .....Petitioner Through:
Mr. Virender Singh, Mr. R.D.
Rana and Ms. Nagina Johri, Advocates.
versus THE STATE(NCT OF DELHI) .....Respondent Through:
Mr. Yasir Rauf Ansari, ASC (Crl.) for the State and Mr. Alok Sharma and Mr. Vasu Agarwal, Advocates with SI Ramavtar PS Hauz Khas, New Delhi.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 07.11.2024
O R D E R
1.
By way of the present petition, the petitioner, who has been arrayed as an accused and is facing trial in case FIR No.93/2018 registered under Section 411 IPC at PS Hauz Khas, New Delhi has prayed for expediting the trial.
2.
A progress report from the concerned Trial Court has been requisitioned which is reproduced as under:
"...Subject: Progress report of the case titled "State v. Surender Singh, FIR No.93/2018 PS Hauz Khas.
Respected Sir, With due respect, I am forwarding the status report/progress report of the abovementioned case in respect of letter No.66705/Crl. Dt. 24.09.2024 as under:- 1) 30.11.2018 • Cognizance in the case was taken and accused was summoned.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2) 27.05.2023 • Arguments on charge were heard.
3) 27.07.2023 • Order on charge was passed 4) 02.11.2023 • Charge was framed against accused Surender. Dhanwati was discharged from the case.
5) 31.10.2023 • An application under Section 306 read with 91 Cr.PC was filed by Dhanwati to become approver.
6) 01.11.2023 • Arguments on application under Section 306 read with 91 Cr.PC were heard.
7) 22.11.2023 • An early hearing application was moved by the accused for passing order on application under Section 306 Cr.PC read with 91 Cr.PC which was dismissed.
8) 26.03.2024 • Order on application u/s 306 Cr.P.C. r/w 91 Cr.P.C. was passed and the application was dismissed as not maintainable.
• Vide order dated 15.04.2024, learned Revision Court had dismissed the revision against the order dated 26.03.2024.
9) 18.07.2024 • Matter was listed for PE.
However, complainant moved an application under Section (8) Cr.P.C.
for further investigation in the case and after hearing the arguments the matter was listed for orders on 08.08.2024.
10) 01.08.2024 • An application was filed by the accused for correction of typing mistake in order dated 27.07.2023 so as to read "same" as word "sim". The application was dismissed as there was no typographical error. Further cost of Rs.5,000/- was also imposed upon the accused.
11) 09.09.2024 • An application was filed by the accused u/s 340 Cr.P.C./379 BNSS for initiating inquiry against complainant and IO HC Amrish Tyagi.
12) 08.10.2024 • The application moved on behalf of complainant seeking further investigation was dismissed.
13) 19.10.2024 • Arguments heard on application u/s 340 Cr.PC/379 BNSS.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14) 23.10.2024 • Order on application u/s 340 Cr.PC/379 BNSS is passed and the application of the accused is dismissed. Further the cost of Rs.10,000/- is also imposed upon the accused for filing frivolous application.
15) 04.11.2024 • Matter is listed for PE and examination of complainant.
The complainant had appeared on the previous date of hearing and submitted his willingness to compound the matter with the accused. However the accused was not interested in disposing off the matter on the basis of compounding and were adamant to proceed with case. Due to multiple applications filed on behalf of accused, the complainant could not be examined. The progress report in the present case was sought by the order of Hon'ble High Court of Delhi dt. 17.09.2024. It is therefore prayed that the progress report be placed before Hon'ble Bench for kind perusal..." 3.
On an earlier occasion, the Coordinate Bench of this Court vide oder dated 16.07.2024 passed in Crl. M.C. 3453/2024 had already directed the Trial Court for expeditious disposal and not to grant unnecessary adjournments.
4.
Considering the aforesaid progress report as well as keeping in view the earlier orders passed by this Court, the Trial Court shall make an endeavour to conclude the trial within one year from the next date of hearing. Learned counsel appearing for the petitioner undertakes not to seek any adjournments in the trial. The said undertaking is accepted and is taken on record and he is made bound by the same.
5.
The petition is disposed of in above terms.
MANOJ KUMAR OHRI, J NOVEMBER 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.