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CR.MA/88/1993 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 88 of 1993
======================================
KAMUBEN
N KATARA - Applicant
Versus
STATE
OF GUJARAT - Respondent
======================================
Appearance :
MR
SH SANJANWALA for the Applicant.
MR K.P.RAWAL, APP for the
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/12/2010
ORAL
ORDER
1. Considering
the direction issued by learned Single Judge of this Court dated
05/12/2006 in Criminal Misc. Application No.12990/2006 in Criminal
Misc.Application No.3838/1994 in Criminal Misc. Application
No.88/1993, by which, learned Single Judge (Coram: Hon’ble Mr.Justice
D.H.Waghela) has directed the learned Trial Court to conclude the
trial, which is filed for the offences committed in the year 1992
immediately, Mr.Sanjanwala, learned Senior Advocate appearing on
behalf of the applicant, under the instruction received from his
client, does not press the present application.
2. Before
parting with the present order, this Court is at pains to note and
observe that despite the earlier order passed by this Court, it
appears that the trial arising out of the charge-sheet No.585/1994
dated 12/07/1994 is not proceeded further and is not concluded by
learned Magistrate/ Trial Court. It is to be noted that even the
alleged offences have been committed in the year 1992 and still after
a period of 18 years, trial is not concluded. Under the circumstances
and even considering the direction issued by learned Single Judge of
this Court dated 05/12/2006 in Criminal Misc. Application
No.12990/2006 in Criminal Misc.Application No.3838/1994 in Criminal
Misc.Application No.88/1993, learned Magistrate/ Trial Court, before
whom, the trial is pending arise out of Charge-sheet No.585/1994
dated 12/07/1994 is hereby directed to take up the hearing of the
trial on day to day basis and complete the same at the earliest but
in any case not later than 31/03/2011 and the Trial Court is directed
to submit compliance report before this Court. Learned Principal
District and Sessions Judge, Sabarkantha is directed to see that the
trial on the basis of the charge-sheet No.585/1994 dated 12/07/1994
is concluded by learned Magistrate/ Trial Court at the earliest and
within stipulated time as stated hereinabove, failing which, serious
view shall be taken.
3. Registry
is directed to send writ of this order to the Trial Court as well as
learned Principal District and Sessions Judge, Sabarkantha at the
earliest but not later than 22/12/2010.
4. With
this, the present Criminal Misc.Application is dismissed as withdrawn
without further entering into the merits of the case and without
expressing anything on merits in favour of the either of parties.
Rule is discharged. Ad-interim relief, if any, stands vacated
forthwith.
[M.R.SHAH,J]
*dipti
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