Prakash Rao Pawar vs. State Of Chhattisgarh
Held
The Court did not quash the criminal proceedings. Instead, it directed the learned District Magistrate First Class, Bemetara, to make an endeavor to complete the trial within an outer limit of six months from the date of receipt of a copy of the order. This decision was made considering the case has been pending since 2016 and charges were framed in 2017. The Court acknowledged the petitioner's submission regarding the stage of evidence but opted for expediting the conclusion of the trial rather than terminating it. No specific finding was recorded on the merits of the charges themselves, as the petition was disposed of with a direction for speedy trial.
Facts
The petitioner, Prakash Rao Pawar, filed a petition under Section 482 of the Cr.P.C. seeking to quash criminal proceedings initiated against him. The proceedings are pending before the Chief Judicial Magistrate, Bemetara, in Criminal Case No. 2272/2016 (previously numbered 1658/16). The charges relate to offences under Sections 294 and 506-B of the Indian Penal Code. The petitioner's counsel stated that three witnesses had been examined, and six more were yet to be examined by the prosecution. The case has been pending since 2016, with charges framed on June 22, 2017. The High Court was asked to intervene in this ongoing criminal trial.
Key Issues
1. Whether the criminal proceedings pending against the petitioner under Sections 294 and 506-B of the Indian Penal Code in Criminal Case No. 2272/2016 before the Chief Judicial Magistrate, Bemetara, should be quashed. The petitioner argued for quashing based on the prolonged pendency of the trial since 2016 and the stage of evidence. The State, represented by the Station House Officer, Police Station, Bemetara, and Zeba Khan (Excise Sub Inspector), did not appear to have presented any specific arguments against the quashing in the provided judgment excerpt. The court's focus was on expediting the trial rather than quashing the proceedings outright.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 847 of 2021 Prakash Rao Pawar son of R. R. Pawar, aged about 56 years, resident of Shankar Nagar, Ward No. 1, in front of Dewangan Kirana Store, Mahasamund, Polce Station- Mahasamund, District- Mahasamund (C.G.). ---- Petitioner Versus
State of Chhattisgarh, Through the Station House Officer, Police Station, Bemetara, District- Bemetara (C.G.).
Zeba Khan D/o Shri A. B. Khan, aged about 34 years, Excise Sub Inspector, Currently posted Office of the Excise Commissioner, GST Bhawan, North Block, Sector-19, Naya Raipur (C.G.). ---- Respondents For Petitioner : Mr. Anil S. Pandey, Advocate For State : Mr. Gurudev I. Sharan, G. A. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 25.08.2021
The petitioner has filed the present petition under Section 482 of the Cr.P.C. for quashing of Criminal proceedings pending against the petitioner in Criminal Case No. 2272/2016 (Earlier the case No. was 1658/16) before the learned Chief Judicial Magistrate, Bemetara (C.G.) for the offence punishable under Section 294, 506-B of Indian Penal Code.
Learned counsel for the petitioner would submit that three witnesses have alrea
The judgment continues below.
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