SURYA KANT DHASMANA S/O SHRI MANOHAR DHASMANA 194, KARANPUR, P.S DALANWALA DEHRADUN, UTTARAKHAND Vs. STATE OF UTTARAKHAND THROUGH D.M. DEHRADUN AND C.B.I. THROUGH S.P. C.B.I. C.P.E. DEHRADUN
LAWS(UTN)-2012-5-66
HIGH COURT OF UTTARAKHAND
Decided on May 03,2012

Surya Kant Dhasmana S/O Shri Manohar Dhasmana 194, Karanpur, P.S Dalanwala Dehradun, Uttarakhand Appellant
VERSUS
State Of Uttarakhand Through D.M. Dehradun And C.B.I. Through S.P. C.B.I. C.P.E. Dehradun Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the orders dated 19.11.2011, 02.12.2011, 23.12.2011, 24.02.2012 and 23.03.2012, passed by Special Judge Anti Corruption C.B.I., Dehradun, in Sessions Trial No. 129 of 1998, State vs. Surya Kant Dhasmana and others. Heard learned counsel for the parties.
(2.) BRIEF facts of the case are that the petitioner is facing trial in respect of an incident said to have been occurred on 03.10.1994, relating to offences punishable under section 304, 307 and 201 of I.P.C. Initially the crime no. 298 of 1994, was registered in respect of offences punishable under section 147, 148, 149, 302 and 307 of I.P.C. After investigation, charge sheet was filed in respect of offences punishable under section 147, 148, 149, 304 and 302 of I.P.C. It appears that after hearing the parties on the charge, only offences punishable under section 304/34, 307/34 and 201/34 of I.P.C., were found made out, and charge was framed accordingly on 05.02.1999. Thereafter the evidence was led by the C.B.I. for the prosecution and several witnesses were examined, and the trial remained pending till 2008. A Criminal Misc. Application (C -482) No. 400 of 2008, was moved before this Court and Honorable Chief Justice vide its order dated 07.08.2008 directed the trial court to conclude the trial expeditiously.
(3.) HOWEVER , the trial still remain pending for about another two years, and Criminal Misc. Application (C -482) No. 1017 of 2010 was moved by the present petitioner for expeditious disposal of the sessions trial. Said petition was disposed of by another bench vide its order dated 28.10.2010, again directing the trial court to decide the case expeditiously, as it was already more than sixteen years old. Said bench further directed that the trial be concluded preferably within four months. By then 29 witnesses had already been examined by the prosecution which close its evidence on 28.12.2010.;


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