[2026:RJ-JD:12489]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 820/2026 Rakesh Dangi S/o Champalal, Aged About 32 Years, Mevi Road, Village Khiwada, District Pali, Rajasthan. At Present Residing At 1265/3 Omkar Apartment S.no. 36/2, Sawarkar Chouk Dhankawadi, Pune, Maharashtra. Mobile No.9096318011 ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt Seema Ojha D/o Premsukh Ojha, Village Karadi, Police Station Marwar Junction, District Pali, Rajasthan.

Mobile No. 9822075501.

----Respondents For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. Sri Ram Choudary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

16/03/2026

1. The instant Misc. Petition has been preferred under Section 528 of the BNSS seeking a direction for expeditious disposal of the trial in Regular Criminal Case No.1725/2018 (1734/2018) pending before the Court of Judicial Magistrate, Marwar Junction for the offences punishable under Sections 498-A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.

2. The brief facts giving rise to the present petition are that on 18.07.2018, respondent No.2 lodged a complaint against the petitioner alleging offences under Sections 498-A, 406 and 323 of the IPC, pertaining to alleged cruelty in connection with demand of dowry.

3. After completion of investigation, the Investigating Agency submitted a charge-sheet on 18.12.2018 against the petitioner for the offences punishable under Sections 498-A and 323 of the Indian Penal Code along with Section 4 of the Dowry Prohibition Act, 1961 before the learned Judicial Magistrate, Marwar Junction. On the same date i.e., 18.12.2018, the learned trial court took cognizance of the aforesaid offences and proceeded to frame charges against the petitioner. Thereafter, the trial commenced and prosecution witnesses Nos.1 to 3, including respondent No. 2, were summoned for their deposition before the trial court.

3.1. However, it is brought to the notice of this Court that since 18.12.2018 not a single witness has stepped into the witness box before the learned trial court. Even though the witnesses were subsequently summoned through bailable warrants, their presence could not be secured and the evidence of the prosecution has not been recorded till date.

4. In view of the inordinate delay in recording the evidence and the consequent stagnation of the proceedings for a considerable period, the petitioner has approached this Court seeking appropriate directions for expeditious conclusion of the trial.

5. Having regard to the facts and circumstances of the case and the prolonged pendency of the matter, the present Misc. Petition stands allowed. The learned Judicial Magistrate, Marwar Junction is hereby directed to make all endeavour to secure the presence of the prosecution witnesses and to proceed with the trial with due expedition, and to conclude the trial as expeditiously as possible, strictly in accordance with law. The trial court shall adopt all permissible coercive measures for securing the attendance of the witnesses so that the proceedings may not suffer further undue delay.

(FARJAND ALI),J

228-Mamta/-