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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ASHOK KUMAR JAIN, J.
Manohar Singh S/o Sav Singh – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. (Pet.) No. 3307 of 2018
Decided On : 15-02-2023
Dismissal - Criminal Proceedings - The court dismissed the miscellaneous petition as infructuous due to the matter being fixed for prosecution evidence for the last 11 years, but allowed the petitioner to file any application in the pending criminal proceeding at an appropriate stage.
Fact of the Case:
The petitioner filed a petition aggrieved by orders passed in a criminal case, indicating that the matter had been adjourned multiple times at the stage of prosecution evidence over 11 years.
Finding of the Court:
The court dismissed the miscellaneous petition as infructuous due to the prolonged delay but allowed the petitioner to seek remedies at an appropriate stage in the pending criminal proceeding.
Issues: Prolonged delay in criminal proceedings, dismissal of miscellaneous petition, availability of remedies at subsequent stages of trial.
Ratio Decidendi: The court's decision was influenced by the prolonged delay in the criminal proceedings and the lack of peremptory orders in favor of the petitioner, allowing the petitioner to seek remedies at subsequent stages of the trial.
Final Decision: The miscellaneous petition was dismissed as infructuous, but the petitioner was granted the liberty to file any application in the pending criminal proceeding at an appropriate stage.
ORDER :
1. In pursuant to the directions of this Court dated 13.02.2023, the matter is listed today. The status report download from the E-Court Services Portal indicates that the matter is fixed for prosecution evidence since 06.03.2017.
2. The present petition was filed by Mr. Manohar Singh aggrieved from the order dated 21.08.2017 passed by the learned Additional Chief Judicial Magistrate No. 2, Udaipur in Criminal Regular Case No. 876/2015 and also the order dated 30.05.2018 passed in Criminal Revision Petition No. 76/2017 Manohar Singh vs. State of Rajasthan by the learned Additional Sessions Judge No. 5, Udaipur. The order further indicates that after taking cognizance, arguments on charge was heard and the same was framed against the accused-petitioner. A status report is download from the E-Court Website indicates that the regular Criminal Case was adjourned on multiple occasions at the stage on prosecution evidence thus, the petitioner who is a complainant and as no peremptoray order in his favour, passed by this Court at any occasion, therefore, he had options to avail other remedies available under the law at subsequent stage of criminal proceedings/trial.
3. As the matter is already fixed for prosecution evidence for last 11 years thus, the present Misc. Petition is dismissed as having rendered infructuous. However, the petitioner is at liberty to file any application in the pending criminal proceeding at appropriate stage if so advised.
4. The stay application stands disposed of.
AI
Prolonged delay in criminal proceedings may lead to the dismissal of a miscellaneous petition as infructuous, but the petitioner may still seek remedies at subsequent stages of the trial.
The court's decision was based on the provisions of Section 389 of the Criminal Procedure Code (Cr.P.C.) regarding the dismissal of the miscellaneous petition as infructuous after the regular appeal ....
Application for stay of conviction is maintainable and must be numbered and decided on merits.
Court allows the petitioner to approach the Trial Court for discharge if charges are not framed.
Court directs expeditious disposal of 15-year pending trial with fixed timeline under Section 528 BNSS.
A criminal miscellaneous case becomes infructuous if the petitioner fails to provide necessary documentation and if significant time has elapsed without action.
The High Court may stay criminal proceedings when prima facie force is found in the points raised and when the court is already seized of the matter.
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