MOHIT Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of this petition filed under Article 226 and 227 of the Constitution of India, the petitioner is seeking the following relief:-

(2.) Learned counsel for the petitioner submitted that there is undue delay in trial of case no. 542787/2016 pending before the learned Trial Court. He further submitted that without considering the MLC received from Sanjay Gandhi Memorial Hospital and discharge summary of Safderjung Hospital, learned MM framed charges under Ss. 323/341/34 IPC against the accused persons, thereafter feeling aggrieved by the same, the petitioner herein had filed applications under Ss. 216 and 302 Cr.P.C. before the learned Trial Court for alteration of charges and for prosecution by private counsel respectively. He further submitted that the above mentioned applications are pending before the learned Trial Court for consideration. Learned counsel for the petitioner further submitted that petitioner had filed a criminal contempt petition against the learned public prosecutor attached to the court of concerned learned MM but learned Standing Counsel for the State vide letter dtd. 12/1/2023 refused permission to prosecute contempt case against learned public prosecutor without giving any reason.

(3.) On the other hand, it is submitted by learned ASC that the petitioner had earlier approached this Court seeking the same relief by way of petition being W.P. (CRL) 200/2019. It is further submitted by him that vide order dtd. 22/1/2019, the co-ordinate Bench of this Hon'ble Court had already passed the order for expeditious disposal of the case.