MOHINDER SINGH JAGDEV Vs. DELHI ADMINISTRATION AND ANOTHER

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution which shows how much delay takes place in he trial and disposal of criminal cases in the lower Courts owing to the default of the prosecution to put in the challan in time and to produce its evidence within a reasonable period.

(2.) THE first information report in the present case was lodged on 19th December 1956 alleging the commission by the petitioner of certain offences under sections 420 and 471 of the Indian Pen 1 Code. The challan was put in nearly three years later, namely, on 20th October 195).

(3.) IT is absolutely essential in such cases for the trial Magistrate not to allow so much latitude to the prosecution which leads almost to travesty of justice. The Magistrate was right in closing the prosecution case at an earlier date and the same order should be made now and no further opportunity or adjournment should have been granted to the prosecution for the matters covered by the application dated 18th November 1963. The learned Magistrate is directed to dispose of the case finally without waiting for the execution of the commission within one month from today. If the commission is exacted during this period, then naturally that evidence will be taken into consideration. The petition is consequently allowed to this extent.