Kuldeep Lashkari vs The State Of Madhya Pradesh
2021 Latest Caselaw 2212 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       WP No.5645/2021
          (KULDEEP LASHKARI VS. STATE OF M.P. & ORS.)

Gwalior, Dated : 09/06/2021

      Shri K.S.Tomar Senior Advocate with Shri Santosh Agrawal,

learned counsel for the petitioner.

      Shri Deepak Khot, learned counsel for the State.

      Heard through video conferencing.

      This petition under Article 226 of the Constitution of India has

been filed seeking the following relief:-

             "Hence, it is humbly prayed that the petition
      may kindly be allowed and respondent S.D.M. May

kindly be directed to take decision in the matter and pass speaking order in compliance of order dated 27/07/2020 passed by this Hon'ble Court in W.P.no. 10246/2020 within 15 days. Any other relief which this Hon'ble Court deems fit may also be granted in the facts and circumstances of the case."

It is submitted by the counsel for the petitioner that case

No.01B-121/2020-21 titled as Kuldeep Vs State (according to the

petitioner the correct title is State Vs. Kuldeep) is pending before

SDO, Vidisha and he is not passing any order. It is further alleged

that the SDO, Vidisha heard final arguments on 04/11/2020 and in

spite of fact that more than six months have passed, but he has not

passed the final order.

It is submitted by the counsel for the State that yesterday this

case was allotted to Shri G.K.Agrawal, Government Advocate and he

had sought instructions from the SDO, Vidisha who has informed that

the case is pending and it shall be decided within a month. It is

submitted by Shri Khot that since the final arguments were heard in

the month of November, 2020 and more than six months have passed,

therefore, if required, the SDO may be permitted to rehear the matter.

Heard the learned Counsel for the parties.

The final judgment must be passed within a reasonable period

from the date of final arguments.

The Supreme Court in the case of Anil Rai Vs. State of Bihar

reported in (2001) 7 SCC 318 reads as under:-

2. The inordinate, unexplained and negligent delay in pronouncing the judgment is alleged to have actually negatived the right of appeal conferred upon the convicts under the provisions of the Code of Criminal Procedure. It is submitted that such a delay is not only against the provisions of law but in fact infringes the right of personal liberty guaranteed by Article 21 of the Constitution of India. Any procedure or course of action which does not ensure a reasonable quick adjudication has been termed to be unjust. Such a course is stated to be contrary to the maxim actus curiae neminem gravabit, that an act of the court shall prejudice none.

Under these circumstances, the parties are directed to appear

before the SDO, Vidisha on 21/06/2021 and they shall argue the

matter finally afresh and the SDO, Vidisha shall pass the final order

within two weeks' from the date of hearing of final arguments.

With aforesaid observation, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.06.10 11:23:06 -07'00'