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SCR.A/2503/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2503 of 2010
=========================================
ANITA
MAHAVIR PRASAD KAUSHIK - Petitioner(s)
Versus
GIRISHBHAI
M THAKKAR & 1 - Respondent(s)
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Appearance :
MR
AS ASTHAVADI for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MR KP RAVAL, APP
for Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/12/2010
ORAL
ORDER
1. By
way of the present petition under Article 227 of the Constitution of
India the petitioner-original complainant has prayed for an
appropriate writ, order or direction quashing and setting aside the
impugned order dated 25/10/2010 passed by the learned Additional
Sessions Judge, Ahmedabad (Rural) in Criminal Revision Application
No. 61/2010 by which the learned revisional Court has reserved the
liberty in favour of respondent no. 1-original accused to lead the
evidence in trial in respect of Section 507 of the Indian Penal Code
and to cross examine the witness of the prosecution side.
2. The
learned advocate appearing on behalf of the petitioner has submitted
that as such the petitioner is not aggrieved by the impugned order
passed by the learned revisional Court, however, it is apprehended
that by the aforesaid there will be delay in conducting the trial as
even otherwise it is already delayed by 11 years. The learned
advocate appearing on behalf of the petitioner has submitted that if
a suitable direction is issued to the learned trial Court to
conclude the trial at the earliest and within the stipulated time
the petitioner will be satisfied and he does not press the present
petition.
3. In
view of the above, by a suitable direction directing the learned
trial Court to conclude the trial at the earliest and within the
stipulated time the apprehension of the petitioner can be very well
taken care of. In view of the above, the present petition is
dismissed as not pressed. Considering the fact that trial is
already delayed and more than 11 years have passed, the learned
trial Court is hereby directed to finally decide, dispose of and
conclude the trial of Criminal Case No. 1366/1999 at the earliest and
in no case later than four months from the date of receipt of the
present order. The learned Principal District and Sessions Judge,
Ahmedabad (Rural) is hereby directed to see that Criminal Case No.
1366/1999 is decided and disposed of at the earliest and within the
stipulated time stated hereinabove.
4. With
this, the present petition is dismissed as not pressed.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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