JITENDRA BISE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') is for quashment of the order dtd. 11/11/2016 passed by the Additional Sessions Judge (FTC), Janjgir, district Janjgir-Champa (CG) in Criminal Revision No. 68 of 2016, arising out of order dtd. 8/9/2016 passed in Criminal Case No. 551 of 2016 where by the Chief Judicial Magistrate Janjgir has rejected the application filed under Sec. 437(6) of the Code.

(2.) Order is challenged on the ground that without any reasoned order both the Courts below have dismissed the application for release of the petitioner and thereby committed illegality.

(3.) Brief facts giving rise to this petition are that the petitioner is facing trial for the offences punishable under Ss. 420/34 and 4 and 5 A, B and C of the Prize Chits and Money Circulations Schemes (Banning) Act. The petitioner is in custody since 8/11/2015 and the case is before the Chief Judicial Magistrate, Janjgir, district Janjgir-Champa for trial and the CJM fixed the case first time for recording the evidence on 8/7/2016. Thereafter, though the case was fixed for evidence many a times, no evidence could be recorded and even after completion of 60 days, trial has not been concluded and the application for release of the petitioner filed under Sec. 437(6) of the Code was dismissed by the CJM on the ground that witnesses had not turned up though effort was being made by the prosecution, for recording the evidence.