AMRIT PREET SINGH Vs. STATE

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 482 of the Cr.PC read with Article 227 of the Constitution of India praying inter alia for directions to the trial court to conclude the trial of the case registered against the petitioner in FIR No. 667/2007 under Sections 498A/306/34 IPC within a reasonable time.

(2.) COUNSEL for the petitioner submits that pursuant to being arrested in the aforesaid FIR lodged by the father of the deceased wife of the petitioner, the petitioner is in judicial custody since 05.10.2007. Charges were framed against the petitioner on 19.07.2008. It is submitted by the Counsel for the petitioner that till date, only one formal witness has been examined and the main witness, i.e., PW -2, who is the father of the deceased, is now under cross -examination. However, thereafter a number of adjournments have been granted to the prosecution to produce the witnesses but they are adopting dilatory tactics. Counsel for the petitioner particularly draws the attention of this Court to an order dated 16.11.2009, when while issuing fresh summons to PW -2, the learned ASJ noted that the witnesses were avoiding appearance and the DCP of the area was directed to ensure that the summoned witnesses appear on the next date of hearing. Counsel for the petitioner states that next date of hearing in the matter is 30.07.2010 and he expresses an apprehension that on the said date also, the prosecution may again seek an adjournment.

(3.) THE right to speedy justice without harassment is a prominent facet of Article 21 of the Constitution of India and in the event of violation of such a right, the Court while exercising its powers under Article 227 of the Constitution of India, can ensure enforcement of such a right by issuing appropriate directions. Having regard to the submission made by the petitioner, who is in judicial custody for the past 21/2 years, the present petition is disposed of with directions to the learned ASJ not to grant any unnecessary adjournments to the prosecution, for production of witnesses and for recording their remaining evidence. Learned ASJ is also requested to take necessary steps to expedite the hearing in the case as far as possible, subject to his Board.