Om Prakash vs Government Of Nct Of Delhi
2010 Latest Caselaw 3698 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

                         + CRL.M.C.760/2010

                                                 Decided on 09.08.2010
IN THE MATTER OF :

OM PRAKASH                                               ..... Petitioner
                         Through: Mr. Kundan Kumar Mishra, Advocate

                    versus

GOVERNMENT OF NCT OF DELHI                          ..... Respondent
                  Through: Mr. M.N. Dudeja, APP for the State

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may                No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?               No

     3. Whether the judgment should be                       No
        reported in the Digest?

HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioner under Section 482

of the Cr.PC praying inter alia for quashing the criminal proceedings arising

out of FIR No.144/1988, registered under Sections 468/471/419/420/120-B

IPC with Police Station: Civil Lines, presently pending in the Court of learned

ACMM, Tis Hazari Courts.

2. The main grievance of the petitioner is that the matter has gone

on for about 23 years and the Trial Court has not completed recording the

evidence till date. Counsel for the petitioner states that as far as the

petitioner is concerned, out of 11 charge-sheets filed by the police, he is

involved in charge-sheets No.2 and 10 alone, and that as far as the

aforesaid two charge-sheets are concerned, only 6-7 witnesses have been

examined till date.

3. A Status Report has been filed by the learned APP. As per the

said Status Report submitted by the ACP, Anti Kidnapping Section, Crime

Branch, Delhi, during the course of investigating the matter, several accused

persons were arrested and in all 11 charge-sheets have been filed before the

Court. It is further stated that in respect of charge-sheet No.2, there are

11 accused and 19 witnesses and in respect of charge-sheet No.10, there

are 13 accused and 36 witnesses. Most of the accused involved and the

witnesses are stated to be common to each charge-sheet. It is submitted

that four accused persons expired during the pendency of the trial due to

which, the proceedings were delayed. As on date, 12 prosecution witnesses

have been examined but the key witnesses have yet to be examined.

4. Considering the fact that the case has dragged for almost 23

years and even though an explanation is sought to be offered by stating that

the demise of four of the accused persons during the pendency of the trial

has delayed the proceedings in the case, the delay seems to be quite

unreasonable and inordinate. Learned APP assures the Court on instructions

from his client that the prosecution shall not seek any adjournment for

recording the evidence of its witnesses before the learned ACMM and that all

co-operation shall be rendered in expeditious disposal of the case.

5. In this view of the matter, the present petition is disposed of

with directions to the learned ACMM, Tis Hazari Courts, to prioritize the

disposal of the case and complete recording the evidence of the prosecution

witnesses as expeditiously as possible, and preferably within a period of six

months from the next date of hearing, i.e., 20.09.2010 and thereafter, take

further steps to record the evidence of the accused, so that the matter is

ripe for arguments at the earliest.

6. A copy of this order be forwarded directly to the trial court for

perusal and compliance.

7. DASTI to the State.

                                                           (HIMA KOHLI)
AUGUST 09, 2010                                               JUDGE
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