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AO/158/2006 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 158 of 2006
=========================================================
SHREYA
KALPEN ROY - Appellant(s)
Versus
NATIONAL
SMALL SCALE INDUSTRIES CORP. & 1 - Respondent(s)
=========================================================
Appearance
:
MR
TS NANAVATI for
Appellant(s) : 1,
MR NAVIN K PAHWA for Respondent(s) :
1,
GOVERNMENT PLEADER for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/09/2008
ORAL
ORDER
It
is very unfortunate that inspite of the order passed by the learned
Single Judge of this Court directing the learned Metropolitan
Magistrates to decide and dispose of the Criminal Case No.4691 of
1998 (pending in the court of learned Metropolitan Magistrate,
Court No.9, Ahmedabad) and Criminal Case No.2980 of 2001 (pending in
the court of learned Metropolitan Magistrate, Court No.4,
Ahmedabad) within stipulated time and though the last extension was
upto 31/12/2007, the aforesaid Criminal Cases are not decided and
disposed of by the learned Metropolitan Magistrates. Not only that
even no efforts are made and/or application is made by the learned
Metropolitan Magistrates for extension of time to conclude the
trials.
Pursuant
to the order dtd.7/8/2008 passed by this Court the learned
Metropolitan Magistrates and the learned Chief learned Metropolitan
Magistrate have submitted their reports explaining that why there
was no efforts for extension of time to conclude the trials and why
the trials are not concluded within the time stipulated by this
Court. This Court is not at all satisfied with the explanation and
it can be said that there is total casual approach on the part of
the learned Metropolitan Magistrates in compliance of the
directions issued by this Court.
In
the facts and circumstances of the case, the concerned learned
Metropolitan Magistrates are directed to decide and dispose of the
Criminal Case No.4691 of 1998 (pending in the court of learned
Metropolitan Magistrate, Court No.9, Ahmedabad) and Criminal Case
No.2980 of 2001 (pending in the court of learned Metropolitan
Magistrate, Court No.4, Ahmedabad) on or before 31/3/2009 without
fail. The learned Chief Metropolitan Magistrate, Ahmedabad is
directed to see that the aforesaid direction is strictly complied
with. He is also directed to see that as and when any direction is
issued by the High Court, the same shall be strictly complied with
by the learned Metropolitan Magistrates and for some reason if it is
not possible to comply with the directions, then in that case,
appropriate applications be made through Registrar General, to
obtain appropriate order for extension of time from the appropriate
court, but the Metropolitan Magistrates cannot themselves grant time
and/or extend the time for disposal of the Criminal Cases.
Registry
is directed to communicate copy of this order to the learned Chief
Metropolitan Magistrate, Ahmedabad and Metropolitan Magistrates,
Court Nos.4 and 9, Ahmedabad for intimation and compliance.
Registry
to place present Appeal From Order before appropriate court taking
up such matters on 29/9/2008.
[M.R.
SHAH, J.]
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