Rajasthan High Court - Jaipur
State Of Rajasthan vs Pappu@Salim on 29 November, 2016
Bench: Mohammad Rafiq, Vinit Kumar Mathur
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN
BENCH AT JAIPUR
D.B.CRIMINAL MISCELLANEOUS APPLICATION
NO. 1 / 2015
STATE OF RAJASTHAN
----APPLICANT
Versus
PAPPU@SALIM
----Respondent
__________________________________________
For Applicant : Mr. N.S. Shekhawat, Public
Prosecutor.
For Respondents : Mr. Govind Prasad Rawat. __________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 29/11/2016 Letter dated 17.11.2016 has been received from Presiding Officer of the Court of Additional District and Sessions Judge, Bandikui, Camp Mahwa, District Dausa for extension of time to complete the trial of accused-respondent Pappu @ Salim. This Court vide order dated 05.05.2016 while granting permission to the prosecution to proceed against accused-respondent under Section 193 IPC in terms of Section 308 Cr.P.C. directed the trial court to complete the trial against the said accused within a period of six (2 of 3) [CRLMA-1/2015] months. In the letter received from the court below it is stated that out of 135 witnesses so far only statements of 12 witnesses could be recorded and 20 witnesses have been given up by the prosecution and one witness has died. Thus, statements of 102 statements are yet to be recorded by the court below. It is stated that Presiding Officer took over the charge of the Office on 30.07.2016. Camp Court at Mahwa where the trial is pending is held for only six days in a month. The aforesaid two reasons are causing difficulty in completion of trial in expeditious manner. Request is made that time be extended by nine months to complete the trial.
Having regard to the facts aforestated and considering that Camp Court is held at Mahwa only for six days in a month and large number of witnesses yet to be examined, we are persuaded to transfer the trial of this case to Bandikui where the concerned Court holds its regular sitting. We at the same time direct the Superintendent of Police, Dausa to ensure timely production of the witnesses on the date given by the court below. As against prayer for extension of time by nine months, we are persuaded to extend the time by six months with direction that statements of remaining witnesses be recorded in a time bound manner and if possible, on week to week basis so that (3 of 3) [CRLMA-1/2015] trial may be concluded in time so specified. A copy of this order be sent to the court below as also to District and Session Judge, Dausa for information and compliance.
(VINIT KUMAR MATHUR)J. (MOHAMMAD RAFIQ)J.