S.B. Cr. Misc. Petition No.2405/2010 Yogesh Kumar and Anr. Vs. State of Raj. And ors. Dated : 13.12.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Hemraj Gaur, for the petitioners. Mr. Amit Punia, PP for the State. *** By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioners have beseeched to direct the Sub-Divisional Magistrate, Dausa to expedite the trial of criminal complaint No.4/2004 pending under Section 145 of Cr.P.C. Heard the learned counsel for the petitioners as also the learned Public Prosecutor appearing for the State and carefully perused the relevant order- sheets on record. Learned counsel for the petitioner canvassed that one complaint came to be filed on 28th May, 2004 in the Court of Sub-Divisional Magistrate, Dausa. When the summons were issued to be petitioners on 11th June, 2004, the petitioners put their appearance and thereafter the learned trial Court appointed the Tehsildar as receiver on the disputed land. He further canvassed that to have a speedy justice was the right of a citizen but there has been no progress in the trial of the complaint. Hence, the learned trial Court may be directed to expedite the proceedings. -2- Learned Public Prosecutor does not oppose to the submissions made by the learned counsel for the petitioners. Having considered the submissions made at the bar, it is noticed that the Sub-Divisional Magistrate, Dausa has been sleeping over the proceedings of the complaint since 11th June, 2004. The learned Sub-Divisional Magistrate, Dausa having appointed Tehsildar as receiver on the disputed land, is found to have thought as if the criminal proceedings of the complaint were over. The inaction of S.D.M, Dausa, thus is tantamount to dereliction in his duties. In view of it, the criminal misc. petition deserves to be allowed and it is ordered that the Sub Divisional Magistrate, Dausa shall expedite the proceedings of the complaint No.4/2004 pending under Section 145 of Cr.P.C. against the petitioners and preferably conclude the same within a period of one month from the date of receipt of the copy of this order. The criminal misc. petition stands disposed of accordingly. (MAHESH BHAGWATI)J. Pcg