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#36
% 05.08.2011
Present: Mr. Joginder Tuli, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State.
+Cri.M.A.No.9130/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 2551/2011
)
This is a petition under Section 482 CrPC seeking direction to the concerned Trial Court to expedite the trial of the charge sheet filed pursuant to case FIR No. 271/2010, Police Station Vasant Vihar.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated because of some dispute with SHO, P.S. Vasant
Vihar, who has managed to get instituted two false cases against the petitioner. He submits that wife of the petitioner plans to contest
Municipal Corporation Election-2012 and if the trial of the petitioner is not concluded in time, the petitioner will suffer undue loss and it might cause loss of career prospects to his wife.
I have considered the submissions made by learned counsel for the petitioner. Perusal of the petition would reveal that charge sheet against the petitioner has been filed on 20th October, 2010. The petition but for mentioning that next date of hearing, is bereft of facts. It does not disclose as to what proceedings have been conducted in the court since filing of charge sheet and what is the stage of trial. There is no allegation
-'<
2011:DHC:11587
2---- in the petition to suggest any delay caused due to conduct of the prosecution or laxity on the part of the Presiding Officer.
In view of the above and considering the heavy pendency of cases in the courts, I do not find it appropriate to issue any direction to the Trial
Court, because case of the petitioner cannot be given priority over other cases pending since long. However, I am sure that Trial Court, obviously, would make serious endeavour to dispose of the case as per its turn.
Petition stands disposed of with the above observation.
AUGUST OS, 2011 akb
(AJIT BH~KE)
JUDGE
-~--.!., 2011:DHC:11587
% 05.08.2011
Present: Mr. Joginder Tuli, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State.
+Cri.M.A.No.9130/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 2551/2011
)
This is a petition under Section 482 CrPC seeking direction to the concerned Trial Court to expedite the trial of the charge sheet filed pursuant to case FIR No. 271/2010, Police Station Vasant Vihar.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated because of some dispute with SHO, P.S. Vasant
Vihar, who has managed to get instituted two false cases against the petitioner. He submits that wife of the petitioner plans to contest
Municipal Corporation Election-2012 and if the trial of the petitioner is not concluded in time, the petitioner will suffer undue loss and it might cause loss of career prospects to his wife.
I have considered the submissions made by learned counsel for the petitioner. Perusal of the petition would reveal that charge sheet against the petitioner has been filed on 20th October, 2010. The petition but for mentioning that next date of hearing, is bereft of facts. It does not disclose as to what proceedings have been conducted in the court since filing of charge sheet and what is the stage of trial. There is no allegation
-'<
2011:DHC:11587
2---- in the petition to suggest any delay caused due to conduct of the prosecution or laxity on the part of the Presiding Officer.
In view of the above and considering the heavy pendency of cases in the courts, I do not find it appropriate to issue any direction to the Trial
Court, because case of the petitioner cannot be given priority over other cases pending since long. However, I am sure that Trial Court, obviously, would make serious endeavour to dispose of the case as per its turn.
Petition stands disposed of with the above observation.
AUGUST OS, 2011 akb
(AJIT BH~KE)
JUDGE
-~--.!., 2011:DHC:11587
JUDGMENT