SUSHAN DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By the instant application the petitioner has approached this Court seeking a writ in the nature of mandamus, for a direction to issue to the Court of Judicial Magistrate First Class, Sohra to pass appropriate orders committing the case registered as GR Case No. 8 (6) of 2020 under Sec. 148/326/506/307/302/34 IPC read with Sec. 3 of the PDPP Act, 1984 to the Court of competent jurisdiction. Further, the petitioner prayed for speedy trial of the said case as the charge sheet has been filed as far back as on 26/5/2020 and there has been no progress in the trial.

(2.) Heard Mr. K. Paul, learned Senior counsel assisted by Ms. R. Dutta, learned counsel for the petitioner and Mr. H. Kharmih, learned Addl. Sr. GA for the State respondents.

(3.) Mr. K. Paul, submits that pursuant to an FIR filed on 29/2/2020, a case bearing Shella P.S. Case No. 9(2) 2020 under Ss. 148/326/506/307/302/34 IPC read with Sec. 3 of the Prevention of Damage to Public Property (PDPP) Act, 1984 was registered and the petitioner was arrested in connection with the said case, put in judicial custody for a substantial period of time and thereafter was released on bail. Learned Senior counsel submits that on completion of the investigation, the charge sheet was then filed before the Court of Judicial Magistrate First Class, Sohra on 26/5/2020, but however, even after the charge sheet was filed showing offences triable by a Court of Sessions, the committal order has not been passed. This he submits, has resulted in the pendency of the case before the Court the Judicial Magistrate, Sohra, and the same has not progressed which has also resulted in the infringement of the petitioner's rights for a speedy trial and also Article 21 of the Constitution of India.