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2024 Supreme(Online)(SC) 5343
KRISHNA KUMARI – Appellant
Versus
STATE OF HARYANA – Respondent
Crl.A. No.-000205-000205 / 2024
08-01-2024
ABHINAY
The court emphasized the necessity for timely justice, directing the trial court to expedite proceedings due to the complainant's non-cooperation.
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Expediting trial - The appellants sought to expedite the trial due to the non-cooperation of the de facto complainant, resulting in undue delay - The court directed the Sub Divisional Judicial Magistrate to dispose of the case within four months. (Paras 3, 4)
(B) Appeal - The appeal was allowed based on the limited prayer for expediting the trial.
Findings of Court:
The court recognized the need for timely justice and directed the trial court to conclude the proceedings expeditiously.
Issues: The main issue was the delay in trial due to the complainant's non-cooperation.
Ratio Decidendi: The court emphasized the importance of timely resolution of cases and the responsibility of the trial court to ensure proceedings are not unduly delayed.
Result: Appeal allowed.
ORDER
Leave granted. 2. The notice to the respondent is dispensed with in view of the limited prayer sought for by the appellants. 3. Learned counsel for the appellants submits that the de facto complainant/informant is not cooperating with the trial and the case is kept pending for no fault of the appellants. What the appellants seek is to expedite the trial. Taking note of the aforesaid submissions, we direct the Sub Divisional Judicial Magistrate, Gohana to dispose of CHI Case No.263/2018 arising out of FIR No.155 dated 23.03.2018 within a period of four months from today. 4. The appeal is allowed accordingly. 5. Pending application(s), if any, shall stand disposed of. ……………………………………………………J. [M.M. SUNDRESH] ……………………………………………………J. [S.V.N. BHATTI] NEW DELHI; JANUARY 8, 2024 Digitally signed by GEETA AHUJA Date: 2024.01.12 15:10:09 IST Reason:
- Signature Not Verified ITEM NO.24 COURT NO.14 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 251/2024 (Arising out of impugned final judgment and order dated 19-12- 2023 in CRMM No. 53373/2023 passed by the High Court Of Punjab & Haryana At Chandigarh) KRISHNA KUMARI & ORS. Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) (IA No.3149/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.3150/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-01-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Abhinay, AOR Mr. Prashant Pandey, Adv. Mrs. S. Lakshmi Iyer, Adv. Ms. Deeksha Prakash, Adv. Mr. L. K. Srivastava, Adv. Mr. Pooran Chand Roy, Adv. Ms. Parul Khurana, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order which is placed on the file. Pending application(s), if any, shall stand disposed of. (KAVITA PAHUJA) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)
