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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Dinesh – Appellant
Versus
Shailendra & Ors. – Respondents
Miscellaneous Criminal Case No. 5413 of 2023
Decided On : 01-02-2023
Section 482 - Criminal Procedure Code - The court directed the trial court to decide the application filed under Section 156(3) of the Criminal Procedure Code within fifteen days.
Fact of the Case:
The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking direction for the trial court to decide the application filed under Section 156(3) of the same code.
Finding of the Court:
The court found merit in the petitioner's grievance and directed the trial court to decide the application under Section 156(3) of the Criminal Procedure Code within fifteen days.
Issues: Delay in deciding the application under Section 156(3) of the Criminal Procedure Code.
Ratio Decidendi: The court's decision was influenced by the petitioner's grievance regarding the delay in the trial court's decision on the application under Section 156(3) of the Criminal Procedure Code.
Final Decision: The petition filed under Section 482 of the Criminal Procedure Code, 1973, was disposed of with a direction to the trial court to decide the application under Section 156(3) of the Criminal Procedure Code within fifteen days.
JUDGMENT
Vijay Kumar Shukla, J. - The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 by making a limited prayer that trial Court be directed to decide the application of the petitioner filed under Section 156(3) of Code of Criminal Procedure, 1973.
2. It is submitted that the petitioner has filed a complaint case for the alleged offence punishable under Sections 409, 467, 468, 471 and 120-B of Indian Penal Code, 1860 along with the said complaint. The petitioner has filed an application under Section 156(3) of Cr.PC before the learned trial Court. The said application was heard on 27.08.2022 and was reserved for orders but till this date, no order has been passed on the said application.
3. Considering the aforesaid grievance of the petitioner, I deem it proper to disposed off the petition with a direction to the trial Court to decide the application of the petitioner under Section 156(3) of Criminal Procedure Code, in accordance with law and to pass the final order within a period of fifteen days from the date of filing of the order.
4. With the aforesaid direction, this petition filed under Section 482 of Criminal Procedure Code, 1973, stands disposed off.
Certified copy, as per Rules.
AI
The court has the authority to direct the trial court to decide an application under Section 156(3) of the Criminal Procedure Code within a specified time frame.
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