Madhya Pradesh High Court
Rubabuddin vs State Of M.P. Home Department on 8 December, 2015
1
Miscellaneous Criminal Case No.9462/2015
08.12.2015
Shri Ashutosh Surana, learned counsel for the
petitioner.
Shri Deepak Rawal, learned Deputy Advocate General
for the respondent / State, on advance notice.
Heard on the question of admission.
By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner is praying for quashment of the First Information Report (FIR) and charge framed against him vide Crime No.55/2009 and criminal proceedings pending before the Judicial Magistrate First Class, Nagda, District Ujjain vide Criminal Case No.301/2009.
Learned counsel for the petitioner has drawn my attention to the CID report dated 16.01.2012 (Annexure P/5) and submitted that the same was sent to the Inspector General of Police, Ujjain Zone, Ujjain for calling his comments. He has further submitted that as per the CID report, false allegation has been made against the present petitioner, and therefore, he submitted that charge-sheet as well as criminal case be quashed.
As per record, charge-sheet has been filed on 23.04.2009. Report of the CID is much after filing of the charge-sheet. It is also not in dispute that the charge has been framed and criminal proceedings are pending against the petitioner since 2009.
Considering the aforesaid, learned counsel for the petitioner submits that the learned Judicial Magistrate First Class, Nagda, District Ujjain be directed to complete the trial, at the earliest.
2In reply, learned Deputy Advocate General for the respondent / State, submitted that as per order sheet, which are on record from page 56 onwards, delay in the trial is on the part of the petitioner, and therefore, trial has not been concluded.
Considering the aforesaid, learned Judicial Magistrate First Class, Nagda, District Ujjain is directed to conclude the trial, at the earliest, without granting any unnecessary adjournment to the parties.
With the aforesaid, Miscellaneous Criminal Case No.9462/2015 is disposed of.
(P.K. Jaiswal) Judge Pithawe RC