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#38
% 27.07.2011
Present: Mr.H.P.Singh, Advocate for the petitioners. jVjr. Sunil Sharma, APP for the respondent No.l/State.
+Crl.M.A.No.8603/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2352/2611
This is a petition under Section 482 CrPC seeking direction to the concerned Court of Metropolitan Magistrate to dispose of the trial of the case FIR No. 317/2006 registered at P.S. Sector V, Gurgaon under Sections
498A/406/506/294/34 IPG.
Learned counsel for the petitioners submits that earlier the trial of this case was going on in the court of Judicial Magistrate at Gurgaon.
Respondents had been harassing and threatening the petitioners, as a result, the transfer application was moved and by the order of the Apex
Court, the matter was transferred to Delhi Court on 02"^^ December, 2010.
Since then, nothing has moved forward in the court of Magistrate and the
^matter is being adjourned without any substantial exercise in furtherance of trial on 18'^ January, 2011, 19'"^ April, 2011, 26''^ April, 2011 and Or'
July, 2011 and now the matter is listed for 06*^^ September, 2011 for arguments on charge.
It is time and again emphasized by the Apex Court and this court that expeditious trial is a hallmark of criminal jurisprudence. It is
2011:DHC:10722 unfortunate that a case registered on the complaint filed in 2006 is still pending at the stage of framing of charge. Even after the transfer of the case to Delhi, Metropolitan Magistrate has not framed charge during the period of almost eight months.
Taking into account the overall facts and circumstances, I find merit in the petition. Petition is disposed of with the direction that learned
Metropolitan Magistrate shall make endeavour to expedite the trial and decide the issue of framing of charge on the next date of hearing fixed for the purpose.
Copy of the order be sent to the concerned court for necessary information and compliance.
(AJIT BHARIHOKE)
JUDGE
JULY 27, 2011 akb
2011:DHC:10722
% 27.07.2011
Present: Mr.H.P.Singh, Advocate for the petitioners. jVjr. Sunil Sharma, APP for the respondent No.l/State.
+Crl.M.A.No.8603/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2352/2611
This is a petition under Section 482 CrPC seeking direction to the concerned Court of Metropolitan Magistrate to dispose of the trial of the case FIR No. 317/2006 registered at P.S. Sector V, Gurgaon under Sections
498A/406/506/294/34 IPG.
Learned counsel for the petitioners submits that earlier the trial of this case was going on in the court of Judicial Magistrate at Gurgaon.
Respondents had been harassing and threatening the petitioners, as a result, the transfer application was moved and by the order of the Apex
Court, the matter was transferred to Delhi Court on 02"^^ December, 2010.
Since then, nothing has moved forward in the court of Magistrate and the
^matter is being adjourned without any substantial exercise in furtherance of trial on 18'^ January, 2011, 19'"^ April, 2011, 26''^ April, 2011 and Or'
July, 2011 and now the matter is listed for 06*^^ September, 2011 for arguments on charge.
It is time and again emphasized by the Apex Court and this court that expeditious trial is a hallmark of criminal jurisprudence. It is
2011:DHC:10722 unfortunate that a case registered on the complaint filed in 2006 is still pending at the stage of framing of charge. Even after the transfer of the case to Delhi, Metropolitan Magistrate has not framed charge during the period of almost eight months.
Taking into account the overall facts and circumstances, I find merit in the petition. Petition is disposed of with the direction that learned
Metropolitan Magistrate shall make endeavour to expedite the trial and decide the issue of framing of charge on the next date of hearing fixed for the purpose.
Copy of the order be sent to the concerned court for necessary information and compliance.
(AJIT BHARIHOKE)
JUDGE
JULY 27, 2011 akb
2011:DHC:10722
JUDGMENT