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High Court of DelhiCRL.M.C./2285/2016

Gayatri Mitra & ORS v. The State ( NCT Of Delhi)

2016-12-16Hon'Ble Ms. Justice Mukta Gupta2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2285/2016 GAYATRI MITRA & ORS ..... Petitioner Represented by:

Mr. Gaurav Khanna with Mr.

Palav Agarwal, Advs.

versus THE STATE ( NCT OF DELHI) ..... Respondent Represented by:

Ms. Rajni Gupta,APP with SI Mangal Ram, PS Rajouri Garden.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.12.2016 No reply affidavit has been filed by respondent No.2. Learned APP for the State informs that charge for offences punishable under Sections 451/323 IPC has only been framed against the petitioners and during the court of trial, out of six witnesses, three witnesses including respondent No.2 have already been examined.

In view of the fact that only formal witnesses who are police officials are required to be examined and the next date before the learned Trial Court is 14th February, 2017, learned counsel for the petitioners submits that he would not press the present petition if the trial is expedited. Considering the fact that pendency of trial is affecting the petitioners particularly petitioner No.2 who is a resident of Australia and was stranded in India for a period of more than three years only because of

pendency of this trial till she was permitted to leave the Country vide order dated 15th July, 2016 for the treatment of her son, the learned Trial Court is directed to expedite the trial and conclude the same preferably within two months from the next date of hearing fixed before it. Petitioner No.2 is exempted from appearing before the learned Trial Court. Petition is dismissed as withdrawn with directions as noted above. Order dasti.

MUKTA GUPTA, J.

DECEMBER 16, 2016 'v mittal'