Citation : 2021 Latest Caselaw 1256 HP
Judgement Date : 24 February, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MP(M) No. 2297 of 2020
Decided on: 24.2.2021
.
__________________________________________________________________
Krishan Dev ...........Petitioner
Versus
State of Himachal Pradesh ..........Respondent
__________________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Naveen K. Bhardwaj, Advocate.
For the Respondent : Mr. Sudhir Bhatnagar & Mr. Arvind
Sharma, Additional Advocates General
with Mr. Kunal Thakur, Deputy Advocate
General and Mr. Sunny Dhatwalia,
Assistant Advocate General.
__________________________________________________________________
Sandeep Sharma, Judge (oral):
Having perused status report filed by the respondent-State in
terms of order dated 1.1.2021, learned counsel for the petitioner seeks
permission to withdraw the present petition at this stage with liberty to file
afresh at appropriate stage.
2. Consequently, in view of the above, present petition is
dismissed as withdrawn with liberty as prayed for. However, having taken
note of the fact that only six prosecution witnesses remain to be examined
coupled with the fact that this Court vide orders dated 27.6.2019 and
6.9.2019 passed in Cr.MP(M) Nos. 869 and 1539 of 2019, respectively, had
directed the court below to conclude the trial on or before 31.12.2019, this
Whether the reporters of the local papers may be allowed to see the judgment?
Court, deems it fit to direct the court below to conclude the trial
expeditiously, preferably within a period of three months from today.
.
Since this Court already on two occasions has already directed the court
below to conclude the trial in time bound manner, further delay, if any, in
conclusion of the trial, will not be appreciated. Learned Additional
Advocate General undertakes to render proper assistance on behalf of
the prosecution, enabling the court below to conclude the trial in terms of
instant order passed by this Court. Needless to say, this Court on judicial
as well as administrative sides, has been repeatedly advising the courts
below to conclude the trial of under trials on top most priority so that their
freedom is not curtailed for an indefinite period. Registry is directed to
apprise the court below with regard to passing of the instant order.
24th February, 2021 (Sandeep Sharma),
manjit Judge
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