GOVIND SHARMA Vs. STATE

JUDGEMENT

(1.) WHILE issuing notice on this petition, my learned brother Hon'ble Shri N. P. Gupta, J. on 8. 3. 2001 by an interim order directed the learned trial Judge to take all possible steps immediately to ensure that the witnesses are positively examined on 24. 4. 2001 and the matter was kept on 27. 4. 2001 i. e. today. The learned Magistrate was also directed to give an explanation as to why for such a long time, very often process was not issued to the witnesses and that the matter was delayed.

(2.) WHEN the matter was called out in the morning, it was stated at the bar by learned counsel Mr. Garg for the petitioner that 20 witnesses were called to remain present to depose before the Court on 24. 4. 2001 and out of them only 5 witnesses turned up and they were examined by the learned Trial Magistrate and the next date of 29. 5. 2001 was given in the matter. However, though directed the learned Magistrate had not sent his explanation by today, therefore, the office was asked to enquire about the same on telephone and the matter was kept in second sitting after recess.

(3.) INSPITE of the full co-operation of the accused, if the trial is not concluded within a reasonable time, then the petitioner accused can first make grievance before the trial court, then before this Court. At that time, such a grievance may be considered.