Rakesh Pandey vs State Of Madhya Pradesh
2023 Latest Caselaw 13826 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       WP No. 15544 of 2023
                                         (RAKESH PANDEY Vs STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 23-08-2023
                                Shri Ankit Saxena- Advocate for the petitioner.

                                Shri Puneet Shroti- Government Advocate for the respondent/State.

This petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing of proceeding initiated vide crime no.34/2006 whereunder offence registered u/s 409 and 34 of IPC trial is being conducted

since 2006 but till now it is not concluded and is pending before the IInd Additional Sessions Judge, Sidhi only on the ground of delay quashing of proceedings claiming by the petitioner saying that only ground of delay in trial proceedings can be quashed.

Learned counsel for the has placed reliance upon the judgments passed in the cases of Pankaj Kumar Vs. State of Maharashtra and Others, reported in (2008) 16 SCC 117, Abdul Rehman Antulay and Others Vs. R.S.Nayak and Another, reported (1992) 1 SCC 225 and Vakil Prasad Singh Vs. State of Bihar reported in (2009) 3 SCC 355.

Although, from the order sheets produced by the counsel for the petitioner, it is reflected that this case is under the list of 25 cases which are to be decided expeditiously but still it appears that witnesses are not coming to the Court and Court has directed Superintendent of Police to produce the witnesses.

However, District Judge, Sidhi is directed to submit the report about the status of the said case and also look into that as to why trial is not concluded so far and took almost 17 years. District Judge, Sidhi is also directed to enquire Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 8/24/2023 12:30:32 PM

from the concerned court within what period trial would be concluded.

Report in this regard be submitted on the next date of hearing. Registry is directed to send this order to the Principal Judge, Sidhi. List this case on 13.09.2023.

If adequate response is not received then order shall be passed for quashing the proceeding.

(SANJAY DWIVEDI) JUDGE

rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 8/24/2023 12:30:32 PM