Akhileshwar Dayal Bhargava v. State

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1336/2016 AKHILESHWAR DAYAL BHARGAVA ..... Petitioner Through Mr.Vikas Gupta, Adv.

versus STATE ..... Respondent Through Mr.Amit Chadha, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 14.07.2016 Arguments heard.

The grouse of the petitioner is that the trial is pending for the last 20 years and the prosecution had filed an application under Section 311 Cr.P.C. after a long delay i.e. on 05.12.2015 when the case was already at the fag end. The said application was allowed by the Trial Court vide order dated 09.03.2016 and two opportunities were granted to the prosecution for evidence of PW2 (Hemant Jayantilal Joshi), PW4 (P.D. Pant) and PW6 (Insp. Ran Singh Dogra). It is submitted that the prosecution has not complied with the same and the matter was adjourned time and again.

In the facts and circumstances, this Court is of the considered opinion that let the Trial Court pre-pone the date for 20.07.2016. The petitioner undertakes to appear before the Court below on 20.07.2016

and the prosecution will summon the witnesses, if it could and conclude the evidence by 10.08.2016 failing which case shall be restored back to the date when the case was already fixed for final arguments.

The present petition and applications, if any, are disposed of. Dasti.

P.S.TEJI, J JULY 14, 2016/dd