(1.) The sole point to be gone into in the present petition is the effect of directions given by the Apex Court in Common Cause a Registered Society through its Director v. Union of India and others, and Common Cause a Registered Society through its Directory. Union of India and others, with respect to the speedy trial of criminal cases visa-vis the present case.
(2.) The facts giving rise to the present proceedings are as under: Present respondent Ranjit Singh filed a criminal complaint against the present petitioners before the Chief Judicial Magistrate, Chamba. on 30-12-1989. After recording preliminary evidence the trial Court issued notices to petitioners No. 1, 2, 3, 4, 5, 6 under Section 342/500 IPC and to petitioner No.7 under Section 323/500/109, IPC. The service of notices on all the accused persons could not be effected till 17-101996 and on that date. the case was adjourned to 19-121996 for summoning the remaining accused as on that date accused Nos. 4.6 and 7 were present. On 19- 12-1996 the trial Magistrate passed the following order which is being reproduced. for the sake of convenience. 19121996 Present: Shri Rajesh Kumar learned ADA for the State None. The complaint was filed in this Court on 30-12-1989 and the accused have been ordered to be summoned on 3-8-1991 under Sections 342, 323, 500, 109 IPC. The trial in this case has yet to begin. More than two years have already been passed from the date of summoning the accused. In case filed Common Cause v. Union of India. J.T. 1996 (4) 5. C. 701, certain directions have been issued by the Apex Court which are mandatory in nature. The instant case is required under direction No. 2(f) which is reproduced as below: 112(f) Where the cases pending in Criminal Courts under IPC or any other law for the time being in force are punishable with imprisonment up to three years with or without fine and if such pendency is for more than two years and if such cases trials have still not commenced; the criminal Court shall discharge or acquit the accused as the case may be, and close such cases. TI In the instant case more than two years have been passed and trial has yet to begin. Therefore, in compliance of the directions issued by the Honble Supreme Court, I drop the proceedings after closing the case against the accused and discharge them. Their personal and surety bonds are discharged. File be consigned to the record room.
(3.) Thereafter, the complaint was put up before the trial Magistrate on 23-4-1997 when the learned Magistrate passed the following order: TI 23-4-1997 Present: None. File put up today before me by the Criminal Alhmad. Pursuant to the order/judgment dated 28-11-1996 passed by the Honble Apex Court in Writ Petition (Civil) No. 1128 of 1986 and I-A Nos. 3-6/96 the order dated 19-12-1996 passed by learned SDJM Dalhousie, Camp at Chamba, is recalled. Now issue notices to the parties for 23-5-1997 and the office to register it at its original number.