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'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days

Zeeshan Thomas
10 March 2022 9:00 AM GMT
Casual Approach Towards HC Directions: Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days
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The Madhya Pradesh High Court recently directed an Additional Sessions Judge to conclude the remaining trial of a murder case within 30 days or else he would be liable to provide a detailed explanation for each days' delay. The single bench of Justice Vivek Agarwal directed as follows- Let trial be now concluded within a period of 30 days from the date of receipt of copy of...

The Madhya Pradesh High Court recently directed an Additional Sessions Judge to conclude the remaining trial of a murder case within 30 days or else he would be liable to provide a detailed explanation for each days' delay.

The single bench of Justice Vivek Agarwal directed as follows-

Let trial be now concluded within a period of 30 days from the date of receipt of copy of this order being passed today i.e. on or before 8th April, 2022, otherwise Presiding Officer will be liable to give explanation for delay of each and every day along with the fact that why he is shy of exercising his authority in terms of the provisions contained in the Code of Criminal Procedure.

The Court was dealing with the fourth bail application moved by Applicant facing trial for offence punishable under Section 302 IPC. While dismissing his previous bail application, the Court had directed the lower court to conclude his trial within five months. But the said direction was not complied with by the ASJ conducting the trial.

Not satisfied with the explanation given by the ASJ for the delay, the Court took strong exception to the non-compliance of its direction, and noted-

It appears that Additional Sessions Judge has not used his authority as per the provisions contained in the Code of Criminal Procedure and has not taken adequate steps to seek attendance of the witnesses and the seized property.

There prima facie appears to be a case of casual approach towards the directions of Coordinate Bench of this Court dated 09/09/2021 passed in M.Cr.C. No.52344/2020 whereby a Coordinate Bench of this Court had directed learned trial Court to conclude the trial within five months.

With the aforesaid observations, the Court dismissed the bail application as withdrawn and further directed the ASJ concerned, to conclude the trial within 30 days of receiving the order, otherwise he would be liable to provide an explanation to the Court for delay of each and every day.

Case title : Ramdayal Charmkarr v State of Madhya Pradesh 

Citation: 2022 LiveLaw (MP) 70

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