Sunita Bansal v. The State (NCT of Delhi)

1. Present writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioner to seek directions to the Trial Court to expedite the process of taking cognizance of the charge-sheet filed under Sections 498A/406/34 IPC. Status report not filed.

2. I have heard the learned counsel for the parties and have examined the file. Only grievance of the petitioner is that despite filing of charge-sheet long back, the learned Trial Court has not taken any decision to take cognizance.

3. Perusal of the file reveals that the charge-sheet was filed in the Court in 2016. However, till date no cognizance has been taken. 2018:DHC:1905 W.P.(Crl.) 796/2018 Record reveals that various dates have been given by the learned Presiding Officer for consideration of the charge-sheet / limitation for taking cognizance of the offence. However, till date no effective proceedings have been conducted. It has resulted in delay in the further trial of the case and the proceedings have remained at the initial stage.

4. Learned Addl. Standing Counsel for the respondent urges to direct the Trial Court to expedite the trial.

5. Since the cognizance has not been taken and the next date of hearing before the Trial Court is 31.03.2018, in the interest of justice and for speedy trial of the case, the learned Trial Court is requested to proceed further on merits after passing speaking order whether to take cognizance of the offence or not on 31.03.2018 itself or soon thereafter.

6. The writ petition stands disposed of in the above terms.

7. Copy of the order be sent to the Trial Court for information.

JUDGE MARCH 19, 2018 / tr