SONU RUPANI Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by delay in trial of S.T. No. 567/2011 pending before Vth Additional Sessions Judge, Indore, the petitioner has come before this Court.

(2.) The grievance of the petitioner is that since 2011, the trial Court is repeatedly issuing process to secure presence of the witnesses; which are being repeatedly return by the police making a note that the witnesses are not found on the address given in the process. Thus, the trial is not moving an inch since last 7 years. Their request is not paid heed to by the learned trial Court and it is the view of the trial Court that it is helpless to do anything or to take any action in this regard.

(3.) Factual status of the Sessions Trial as stated in the petition is that Crime No. 219/11 under Sections 420, 467, 468 of IPC was registered against the petitioner along with some other accused persons on 09/04/2011 and after investigation, the police filed a charge-sheet. Charges were framed against them under Sections 420/34, 467/34 and 468/34 of IPC on 11/08/2011. The trial programme was submitted by the prosecution on 23/08/2011. The case was fixed for prosecution witnesses but adjourned due to nonappearance of the witnesses on 20/09/2011, 21/09/2011, 17/10/2011, 18/10/2011, 08/12/2011, 09/12/2011 and 06/02/2011. On 07/02/2012 an application was filed by the prosecution to adjourn examination of prosecution witnesses until report of handwriting expert is received, which was allowed on 21/03/2012. From 21/03/2012 to 02/05/2016 no such report was produced by the prosecution. After 25 dates of hearing, on 03/05/2016, the report was received. On 16/06/2016, summons to the witnesses were issued however, since then no witness has been examined by the prosecution.