ORDER

This petition under Section 482 of the Code of Criminal Procedure has been filed for quashment of FIR No.29/2011 registered at P.S. Kotwali Ujjain at present pending as RCT No.1249/18 on the case file of Smt.Anu Singh, Judicial Magistrate First Class, Dewas.

Learned counsel for the petitioners has submitted that criminal case under Section 498-A of IPC is pending against them since 2011 before the Court of Judicial Magistrate First Class and in this period of 11 years prosecution could not led its entire evidence due to which petitioners are suffering agony of trial for last more than 11 years. It is further submitted that they had filed a revision before learned Sessions Judge Dewas. Learned Additional Sessions Judge by order dated 29.01.2020 passed in Criminal Revision No.159/2019 had directed trial Court to conclude the trial within a period of three months but despite that order of the Revisional Court, criminal trial has not been concluded so far and the same is pending for the evidence of the rest prosecution witnesses before trial Court. It is also submitted by learned counsel for the petitioners that a criminal case cannot be kept pending for an indefinite period in want of prosecution evidence. Therefore, it has been prayed that either FIR and charge sheet filed pursuant thereto be quashed or trial Court be ordered to conclude the trial within a given time period.

On the other hand, learned counsel for the State has submitted that prosecution is trying its best to produce remaining prosecution witnesses but on account of non-availability of witnesses, it is not possible for it to produce remaining witnesses but now all efforts would be made to produce remaining prosecution witnesses within a period of three months from today.

On a perusal of the order sheet dated 20.06.2022 drawn by Judicial Magistrate First Class Dewas in Criminal Case No.1249/2018, it is revealed that matter is pending since 2011 and the prosecution witnesses have yet to be examined.

It is regretful to note that in a case under section 498-A of IPC where maximum punishment is only 3 years the poor applicants are facing agony of trial for the last 11 years. It is revealed that complainant of the case is not deliberately appearing before trial Court for tendering her evidence and is interested in harassing the applicants/accused. In such criminal matters where complainant is interested in harassing the applicants/accused, undue and unlimited opportunities cannot be given to prosecution to produce its witnesses.

It is the duty of the prosecution to produce its witnesses before the trial Court in a reasonable time period. If prosecution fails to produce its witnesses before the trial Court within a reasonable period of time, trial Court has every right to close prosecution evidence. It is the duty of trial Court to issue coercive process to secure the presence of witnesses and if even after issuing coercive process the presence of witnesses is not secured for recording their evidence, trial Court should not hesitate in closing the prosecution evidence in such cases to render justice to the accused persons.

Now it is a well settled that criminal trial cannot be kept pending for an indefinite period in want of prosecution witnesses as speedy trial of criminal cases is a fundamental right of the accused persons.

Therefore, this petition is disposed of with a direction to the trial Court to hear the aforesaid criminal trial on de die diem basis and to conclude the trial within a period of four months from date of receipt or production of certified copy of this order. It is made clear that in case prosecution fails to produce its witnesses in the aforesaid period, trial Court shall close prosecution evidence and shall conclude trial in the aforesaid given time limit.

This petition is disposed off accordingly.

(DINESH KUMAR PALIWAL) JUDGE b