Vikas Hooda vs State Of H.P on 9 December, 2022

[Cites 1, Cited by 1]

Himachal Pradesh High Court

Vikas Hooda vs State Of H.P on 9 December, 2022

Bench: Sushil Kukreja

                                           1

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                             .
                                               Cr. MMO No. 1018 of 2022





                                   Decided on: 09.12.2022
    ______________________________________________________________





     Vikas Hooda                                            ....Petitioner
                                      Versus

         State of H.P.                                      ...Respondent
     _





     Coram
     The Hon'ble Mr. Justice Sushil Kukreja, Judge.
     Whether approved for reporting?1
     For the petitioner
                             r    :            Ms. Sanjivini Sood, Advocate.

     For the respondent :                      Mr. Bharat Bhushan, Addl. AG
                                               with Mr. Kunal Thakur, Dy. AG.

     Sushil Kukreja, Judge (Oral)

By way of instant petition, filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following substantive reliefs: "(a). Allow the present petition and may further be pleased to direct the respondents/State, and its officials to file the challan in the concerned learned trial Court within a time period to be kindly specified by this Hon'ble Court.

(b) Direct the learned trial Court to commence the trial of the case at the earliest and to culminate the same within a time period to be kindly specified by this Hon'ble Court."

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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2. As per the petitioner, he is an employee and .

was employed as an Inspector in the Income Tax Department of the Government of India and has been suspended on account of registration of FIR No. 208 of 2021 against him. Further, he is absolutely innocent and did not commit any crime and due to the undue delay in filing of the challan and trial of the case, he has been greatly prejudiced, as his juniors in service have already been promoted as Income Tax Officers in the Department, whereas, he continues to be under suspension.

3. In reply to the petition, averments made in the petition have been denied and it has been specifically averred that no leniency can be shown to the petitioner, as he was found involved in a serious offence .

4. I have heard the learned counsel for the petitioner as well as learned Deputy Advocate General and have gone through the material available on the file, carefully.

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5. It is not disputed that the challan has already .

been filed in the Court on 19.04.2022 and the case has been registered as Criminal Case No. 60 of 2022 and service has been ordered to be effected on the petitioner/accused for 15.02.2023.

6. Therefore, in view of the averments made in the petition, which are duly supported with the affidavit of the petitioner and without adverting to the merits of the case, it would be in the interest of justice, if the learned Additional Sessions Judge, Kullu, District Kullu, H.P., is directed to dispose of the trial in Criminal Case No. 60 of 2022, resulting out of FIR No. 208 of 2021, as expeditiously as possible, preferably on or before 31 st August, 2023, in accordance with law.

7. Ordered accordingly.

8. The petition, so also pending application(s), if any, stands disposed of accordingly.




                                                   ( Sushil Kukreja )
    9th
          December, 2022                                    Judge
            (raman)




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