Karnataka High Court
Smt Pooja W/O Satish Patil vs The State Of Karnataka on 27 November, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13864
WP No. 106743 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION NO. 106743 OF 2023 (GM-RES)
BETWEEN:
SMT. POOJA W/O SATISH PATIL,
AGE. 30 YEARS, OCC. HOUSEHOLD WORK,
R/O. 124/A, SIVAJI GALLI, GOUNDWAD,
KANGRALI BK, BELAGAVI-590010.
... PETITIONER
(BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH KAKATI TOWN P.S.,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
VIJAYALAKSHMI
M KANKUPPI
... RESPONDENT
Digitally signed by
VIJAYALAKSHMI M (BY SRI. P.N. HATTI, HCGP)
KANKUPPI
Date: 2023.12.06
13:28:38 +0530
THIS WRIT PETIION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE HON'BLE IIND ADDL.
DISTRICT AND SESSIONS JUDGE, BELAGAVI TO EXPEDITE THE
TRIAL OF SC NO.237/2022 AND CONCLUDE THE TRIAL WITHIN 6
MONTHS., VIDE ANNEXURE-D AND ETC
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13864
WP No. 106743 of 2023
ORDER
The petitioner has sought for issue of writ of mandamus directing the II Additional District and Sessions Judge, Belagavi to expedite the trial of S.C.No.237/2022 and conclude the trial within 06 months.
2. The petitioner has also sought for further directions to frame charges against accused persons and fix the date of the trial as expeditiously as possible.
3. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
4. The petitioner is the first informant. The said first information has been filed regarding murder of her husband/Satish. On the basis of the said first information case has been registered against accused persons and after investigation charge sheet has been filed against 25 accused persons. On the basis of the charge sheet case has been registered in S.C.No.237/2022 pending on the -3- NC: 2023:KHC-D:13864 WP No. 106743 of 2023 file of the II Additional District and Sessions Judge, Belagavi.
5. In the said Sessions case all accused persons appeared though their counsel. The said case has been posted for hearing before charges(HBC) as on 17.04.2023.
6. On perusal of the order sheet, it is seen that accused Nos.1, 3 and 4 are in judicial custody and other accused persons are on bail. Even after posting the case for HBC, it was adjourned for same stage on 25.05.2023, 09.06.2023, 22.06.2023, 04.07.2023 and 28.07.2023.
7. On perusal of the order sheet dated 28.07.2023, counsel for accused No.2 has filed an application under Section 225 of Cr.P.C, the case is being adjourned to 16.08.2023, 29.08.2023, 22.09.2023 for filing of objections to the said application.
8. Learned counsel for the petitioner would contend that the petitioner being complainant is having fundamental right of speedy trial. -4-
NC: 2023:KHC-D:13864 WP No. 106743 of 2023
9. Considering all above aspects even though some accused are in custody, learned Sessions Judge has not framed charges. The petitioner being complainant is entitle for speedy trial of sessions case in which her husband alleged to have been murdered by accused persons. Hence, the following ORDER The petition is allowed.
The II Additional District and Sessions Judge, Belagavi is directed to expedite the trial of S.C.No.237/2022 and conclude trial within one year from the date of receipt of certified copy of this order.
Sd/-
JUDGE DSP CT:BCK List No.: 1 Sl No.: 56