',V—^!^:S5S^^~~-' ^ c ^^^^ BEFORE THE HON'BLE HIGH COURT OF^HHATTISGARH AT BILASPUR fC.G.) WRIT PETITION (€ 0.^^ _ /2007 WRIT PETITION UNDER ARTICLE _226_ _OF THE CONSTITUTION OF INDIA FOR ISSUANCE QF WRIT _IN THE NATURE OF MANDAMUS / CERTIORARI / PROHIBITION ETC. IN FORM OF ORDER / ORDERS. WRIT / WRIT(S), DIRECTION / DIREC_TIQNLSLETC, PETITIONERS ^- 1. .<• ^ -Sii^ ^>-'" ^,'':^^-^ ^J^/ ^G^0^' .<€f^l^ ^\^ k* VERSUS RESPONDENTS 1. ^" ..r* *** f. * A . »'<. , •«'•>l* w kPABNA I^IYA U ^•" ^' Smt. SKa^jla Nair,aged about 62 years, wife of Shri T.N.G. Nair, resident of HIG - 1/167, Borsi, Durg, Distt. Durg (C.G.) T.N.G. Nair, aged about 70 years, Son of Late Shri N. Narayan Pillai, resident of HIG - 1/167, Borsi, Durg, Distt. Durg (C.G.) .,-^ <..-..-.. State of Chhattisgarh, through the Secretary, Department of Home Affairs, Dau kalyan Singh Bhawan, Raipur (C.G.) Station House Officer, Mahila Police Station - Durg, Distt. Durg (C.G.) Smt. Jyoti Laxmi Nair, Wife of Manoj Nair, aged about 33 years D/o. M.R.T. Pillai, resident of MIG-V, Sector-A, Panchsheel i-K: M XI-HC-22 311^1 q? Kl-fi'* an^l ^•Hlct)^^ ^- ^5[ »\M\v\«{,^W\<£.fafll^y 'WWiT ttillch 3T[^?T 1RRR ^....y.&^.^fi..-.l.^"-/67- •fgre^T' SIT^!I's^nwgfttt SB: Hon'ble Shri Manindra Mohan Shrivastava..j, 18-01-2011 Shri Anil Tripathi, counsel Shri Ajay Dwivedi, State/respondent No.1 and 2. None for respondent No.3, Heard. This petition has been flled by| deiay in conciusion of Ihe trial of Nair) pending before ttie A.C.J.M. tried for alleged commission of offen): iPC. Leamed counsel for the petit) report iodged by respondent No.3 offence under Section 498-A ancj investigation, fiied charge sheet agaj Nair. Thereafter, the tearned trial is contended that even Uiough the trial is being delayed subjecting the Learned counsei for the petitioners a> speedy trial and they cannot be period. Learned counse! for the petif the trial has not been conciuded and the petitioner submits thatthe entire tf On the other hanci, learnecj petitioners are facing triat for atlegej fortttepetitioners. Depuly Government Advocate for the eveh in the second round. |the petitioners aggrieved on account of crin)inal case no. 1065/06 (State v. Manoj Qurg in which the petitioners are being ilse under Section 498-A and 406 of the subi^cted 'hlliciiil-l WRTf'?'fBiS> (pif<<;l( ^T3if;g*T3n^r Cdurt cHarges loners argued that on the basis of the |alieging crueity, the poiice reglstered 406 IPC and after comDtetion of Inst the Detitioners and their son-Manoi )|urt framed charges in the year 2003. it have been framed iong back, the j>etitioners to the agony for a long time. rgued that the petitioners are entitled to to Uie agony of trtai for such a long tioner also submitted that even tiii date, it is stiil pending. Learned counsei for |iai may be quashed. State counsei submits that as the commission of offence under Section f'.ff^] ^ T"f ^Rsre iXI-HC-22 KIIMIChtll* ...>......-je i^^'sh^'r'"^'"'""""""""'f?rc^ -ysi ^|i<4ic)*f, iSfll^'is. faww'i'1. sn^T.ira^ '.fd..^'.^^67- "WI, '200 6t...3II^S,S;f. r' ^tf^^ff'l •'vl' Deepii N "• ' 3n^i''?^R^'dfei !'"i •:'0'fs<r"ss'":. •? ^- tDian 498-A and 406 of iPC, the triai couidl delay. He su6mifs that this Court m4y within stipulated period. The petitioners are facing triai| state of affairs that even after mor® concluded. The person who is facing | and deiay in triat causes agony. proper to direct the triai Court to concl< Accordingly, it is directed that t crimina! case No. 1065/06 (State v. now be conciuded within an outer iimft ofcopy ofthisorder. The petition is i*l*lii"l41-1 ttItRff'? 'fe^A <fat$l< ^'sipgHsn^i not be quashed oniy on the ground of y issue direction for compietion of triai Isince the year 2003. It is a very sad seven years, the triai has not been lcriminai trial is entitled to a speedy triai Ui|ider these circumstances, it wouid be Ifide the triai within a sttpuiated period. ^he triai Court shali expedite the triai or ^ianoj Nair and others). The tria! shall of SK months from the date of receipt firjaily disposed off. '—— Sd7- M.M. Shrivastava Judge ?'"n^ •^KTJ