DHARNIDHAR SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition, under section 482 Cr.P.C., has been filed for quashing of the order dated 18.01.2018 passed by Additional Sessions Judge, Ramnagar District Nainital in S.T. No. 3 of 2015 State vs. Rahul Malik whereby learned Judge has separated the trial against accused Smt. Rajbala and Smt. Chhaya (respondent nos. 2 and 3 herein).

(2.) Facts, in brief, are that Smt. Rajbala (respondent no. 2) and smt. Chhaya (respondent no. 3) with one Sanjay Singh and some unknown persons forcefully entered into the agricultural farm of the applicant and shot open fire upon the applicant and his two sons in which both the sons sustained gun shot injuries. After investigation, the Investigating officer submitted charge sheet. The learned Judge took cognizance and proceeded with the matter. During the pendency of the trial, an application under section 319 Cr.P.C. was filed by the prosecution for including Smt.Chaya Devi and Smt. Rajbala as accused which has been rejected by the learned Additional Sessions Judge , vide order dated 05.11.2016. Feeling aggrieved, the petitioner preferred criminal revision no. 276 of 2017 before this Court. The co-ordinate Bench of this Court vide judgment and order dated 101.2018 allowed the said revision and set aside the judgment of the Additional Sessions Judge, Ramnagar and has held as follows:-

(3.) The learned Additional Sessions Judge, in its order dated 18.01.2018 without taking note of the directions, issued by this Court, separated the sessions trial against respondent no. 2 and 3 on the ground that the Hon'ble Apex Court in Special Leave to Appeal (Crl.) 768 of 2016 passed the order dated 02.09.2016 that the trial court to conclude the trial within six months. Thereafter, an application was filed by the learned Additional Sessions Judge concerned before the Hon'ble Apex Court, seeking further time to conclude the trial of the case. Application moved by the Additional Sessions Judge was considered and four months' time was extended by the Hon'ble Apex Court to conclude the trial. The time granted by the Hon'ble Apex Court to conclude the trial has expired on 20.11.2017 and the trial is not concluded yet.