Back
DEEPAK KUMAR TIWARI
Dinesh Kumar Pandey S/o Ramnarayan Panday – Appellant
Versus
State Of Chhattisgarh Through Station House Officer – Respondent
ORDER :
Deepak Kumar Tiwari, J.
1. This petition has been filed for a limited direction to the learned Judicial Magistrate First Class, Nawagarh, District Janjgir-Champa to conclude trial proceedings expeditiously within stipulated time in connection with Criminal Case No.251/2022 for the offence under Sections 420, 506 & 34 of the IPC registered against the petitioner herein.
2. Learned counsel for the petitioner submits that an FIR bearing Crime No.151/2022 has been registered against the petitioner on 12.06.2022 at Police Station Nawagarh, Janjgir-Champa for the offence under Sections 420, 506 & 34 of the IPC. He has filed order-sheets of proceedings of the trial Court to submit that on 14.10.2022 charge-sheet has been filed but not a single witness has been examined so far. Even on several dates the Additional District Prosecution Officer (for short the “ADPO”) has not made appearance. Further, on 07.11.2022 also, when the case was fixed for framing of charges, the ADPO did not remain present before the trial Court. Thereafter, on 24.03.2023, in absence of the ADPO, the trial Court heard the arguments and framed the charges and posted the case for evidence on 02.05.2023. On the sa
The right to a speedy trial is fundamental, requiring trial courts to avoid unnecessary adjournments and ensure timely witness examination.
The main legal point established is that once the examination of a witness begins, the trial should proceed continuously, with adjournments only granted for the strongest possible reasons, and the du....
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
(1) Adjournment – Impediment in speedy trial – Legislature itself has frowned at granting adjournment on flimsy grounds – Even in cases where accused had been enlarged on bail right to a speedy trial....
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
The court emphasized the necessity of adhering to Section 309 Cr.P.C. for expeditious witness examination to prevent undue influence and maintain trial integrity.
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
