Delhi High Court
Dhain Chand vs State Gnct Of Delhi And Ors on 31 October, 2023
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.10.2023
+ CRL.M.C. 7884/2023
DHAIN CHAND ..... Petitioner
Through:
versus
STATE GNCT OF DELHI AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Pradeep Chaudhary, Advocate
For the Respondent : Mr. Shoaib Haider, APP with SI Richa,
P.S. I P Estate
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CRL.M.A. 29442/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 7884/2023
3. This is a petition under Section 482 Cr.P.C., 1973 seeking
directions/orders to expedite the trial, pending before the Court of
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learned MM, District Central, Tis Hazari Courts, Delhi in FIR No.
302/2010 dated 25.12.2010 under Sections 420/468/471 IPC, 1860
registered at Police Station I.P. Estate, New Delhi.
4. Learned counsel appearing for the petitioner submits that by the
present petition, the petitioner seeks expeditious disposal of the trial
proceedings qua the aforesaid FIR.
5. Learned counsel submits that the instant FIR was registered on
25.12.2010 and the charges were framed after delay of about eight years
in 2018. He further submits that despite framing of charges, till today,
not even a single witness has been examined despite the summons
having been issued by the learned Trial Court from time to time.
6. He further submits that the delay in such trial directly impacts his
fundamental rights under Article 21 of the Constitution of India. On that
ground he seeks a direction to learned Trial Court to conclude the trial
proceedings at the earliest.
7. Issue notice.
8. Notice accepted by Mr. Shoaib Haider, learned APP for State.
9. This Court has, time and again observed that in many matters in
the criminal Courts, the trial is protracted directly causing violation of
the fundamental rights of the undertrial for speedy disposal of their
cases.
10. In that regard, the judgment passed by this Court in Crl. M.C.
7127/2023 titled Jamal Ranjha vs. Chandra Prakash Pandey delivered
on 03.10.2023 is also relied upon. The relevant paragraphs are extracted
hereunder:-
"12. It may be true that the petitioner is facing trial in
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about 20 criminal cases as on date and also is a
habitual offender yet, the same cannot be a reason to
deny the rights under Article 21 of the Constitution of
India to the petitioner. It also appears from the record
as also the admission of the learned counsel appearing
for the petitioner that the petitioner was indeed
absconding from 2013 till 2016, which is a matter of
three years.
13. Though, the abscondence of the petitioner may
have delayed the trial for three years, yet the right of
the petitioner as an offender in criminal law of this
country and under Article 21 of the Constitution of
India, 1950 for speedy trial, can neither be diluted nor
whittled.
14. Keeping the aforesaid principles in view, this Court
is of the considered opinion that the petitioner is
entitled to his rights under Article 21 of the
Constitution of India for a speedy trial and
accordingly, the learned Trial Court is requested to
conclude the entire trial within a period of six months
from the next date of hearing i.e. 16.10.2023."
11. According to learned APP, the next date of hearing before the
learned Trial Court is 07.11.2023 when public witnesses are to be
examined.
12. Learned Trial Court shall ensure by all the processes available to
it under the Code of Criminal Procedure, 1973 to compel the witnesses
to appear before it so as to ensure that the trial can proceed and the
prosecution evidence can be recorded.
13. The direction of the learned Trial Court to the SHO shall be
implemented scrupulously without any delay and the SHO shall ensure
that there is no let off so far as the presence of witnesses are concerned,
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by all necessary means as available to the SHO under law.
14. Keeping in view the fact that the FIR was registered in the year
2010 and almost 13 years have passed without the trial even
commencing till date, this Court is of the considered opinion that the
trial should be disposed of expeditiously.
15. Accordingly, the learned Trial Court is requested to give shorter
accommodations, subject to the convenience of learned counsel
appearing for the parties and dispose of the same within a period of 18
months from today.
16. The petition is disposed of in above terms.
TUSHAR RAO GEDELA, J.
OCTOBER 31, 2023
Aj
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Digitally Signed
Signing Date:03.11.2023
15:18:32
