Prem Chand Gupta v. State

High Court of Crl · 05 Oct 2010 · 2010:DHC:8069
Hima Kohli
cRL.M.C. 22691/2010
2010:DHC:8069
criminal petition_dismissed

AI Summary

The Delhi High Court held that delay caused by the accused seeking frequent adjournments to engage legal aid counsel does not warrant directions for expeditious trial and directed the accused to cooperate for timely disposal.

Full Text
Translation output
* IN THE HIGH COURT OF cRL. tv|.C. 2269120L0
PREM CHAND GUPTA
Through :
DELHI AT NEW DELHI..... Petitioner
Mr. Sachin Mishra, Adv'
STATE
VETSUS..... ResPondent
' Through : Mr' M'N' Dudeja' APP for State.
CORAM:
HON'BLE MS. ]USTICE HIMA KOHLI o/o 05.10 ' 2010
Astatusreportdated30.B.20l0has.beenforwardedbythe learned Metropo|itan Magistrate, wherein it is stated that the matter is atthestageofpre-chargeevidence,forconsiderationofthepending applicationandforproceedingsunderSection82ofCr.P.C'againstthe accusedNo.3.ThematterwasinstitutedonLz.It.2006.Themain groundfordelayisstatedtobethefrequentadjournmentssoughtby thecomplainant/petitionerto'engagealega|aidcounse|.Itisalso statedthatforthe|ast2-3dates,effortsWeremadetosecurethe presenceoftheaccusedNo.3byissuingbai|ablewarrants'non- bailab|ewarrantsandprocessunderSection82oftheCr.P.C'andon thelastdate,againanadjournmentWaSsoughtbythepetitioner,to engage a legal aid counsel' cRL.M .c. 226912010
2010:DHC:8069
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HavingregardtotheStatusreport,thedelayinthetrial,ifany, is apparently attributable to the petitioner himself' That the petitioner is aged B5 years and therefore seeks expeditious trial is one part' but ifhekeepsseekingadjournmentstoengagelega|aidcounselfrom time to time, it wouId not help in expeditious disposal of his caSe.
Having regard to the status report of the learned Metropolitan
Magistrate, this court is satisfied that the matter is being proceeded with reasonable dispatch and no orders are required for directing expeditious trial of the case. The petitioner is also directed to co- operate in the matter and ensure that unnecessarily adjournments are notsoughtbyhim.LearnedAPPfortheStateisdirectedtoensurethe presence of the accused No'3 before the trial court'
The petition is disPosed of' ocToBER 05,2010 sk cRL.M .c. 226912010
a
HIMA KOHLI,]
2010:DHC:8069
JUDGMENT