RITU CHAUHAN Vs. STATE & ORS.

JUDGEMENT

(1.) Crl.M. No. 11737/2006 Allowed, subject to just exceptions. The application is disposed of. CrI.M.C. No. 6916 of 2006

(2.) It is the contention of the petitioner that FIR No. 767/00 under Sec. 498-A was registered on 1.9.2000 with PS Malviya Nagar. After investigation charge-sheet was also filed on 4.7.2002. During this period as many as 11 dates have been fixed for arguments on framing of charge but arguments have not been heard and charge has not been framed so far. The prayer, therefore, made in this petition is that there should be direction to the trial Court to prepone the matter from 7.3.2007, which is the next date fixed, and conclude the trial within six months. It hardly needs to be emphasised that in a matter like this, which are proceedings under Sec. 498A IPC, there should be expeditious trial which should be concluded as early as possible. Perusal of the order-sheet shows that though many dates were consumed considering the plea of transfer of the case from one MM to another, on last three dates at least when the matter was fixed before the learned MM for arguments on charge, it has been adjourned on the request of the counsel for the accused persons. On 10.8.2006, which was the last date fixed, the case had to be adjourned as neither the APP nor defence counsel was present and the next date given is 7.3.2007, which is a date after 7 months.

(3.) Having regard to the facts of this case, I am of the opinion that the learned MM should prepone the hearing and fix some date in early Jan. (2007) for arguments on charge. The petitioner shall appear before the learned MM on 9.11.2006 and him of this order so that the date is preponed and notice of preponment is given to the APP as well as the accused and counsel for the accused. It is further directed that on the date so fixed the learned MM shall hear the arguments on charge without fail and pass appropriate orders thereon. In case charge is framed, the learned trial Court shall also ensure expeditious conclusion of the trial