In this petition under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Criminal Procedure Code, 1973 (the 'Code') the petitioner - a Veterinary Doctor by profession and an employee of the Government against whom accusations were levelled by registering First Information Report No.77/2003 for the incidents of 1986, 1987 of issuing a Certificate for purchase of a buffalo and case is pending in the Court of the learned 5th Additional Senior Civil Judge and Judicial Magistrate First Class (JMFC), Dahod and the trial has not concluded.
Mr.
Hashim Qureshi learned Counsel for the petitioner would submit that barring the above allegations the petitioner has a exceptionally good service record and Article 21 of the Constitution of India not only secures life and liberty of the petitioner but a speedy and expeditious trial is also one of the facets and rights under Article 21 of the Constitution of India. The petitioner has relied on the decisions of the Apex Court in this regard and has also submitted that the petitioner has not played any role alongwith other co-accused but he is also subjected to trial and therefore, appropriate directions be given to the concerned Court where the case is pending.
I have heard learned Additional Public Prosecutor Ms. Moxa Thakkar for the respondent - State.
Considering overall facts and circumstances of the case and the fact remains that for inordinate delay of trial where the case was registered in 2003 and allegations were levelled for the year 1986 and 1987, interest of justice would be met if appropriate directions are given to the Court where the trial is to conclude.
Considering peculiar facts and circumstances of the case, in exercise of of powers under Articles 226 and 227 of the Constitution of India and also under Section 482 and 483 of the Code, learned JMFC, Dahod is hereby directed to complete and conclude the trial within three months from the date of receipt of writ of this Court and incase of any difficulty, it will be open for the concerned Court to submit a Progress Report of the trial to the Registrar of this Court.
With the aforesaid, this petition is disposed of with no order as to costs. Direct Service permitted.
Sd/-
(Anant S. Dave, J.) Caroline Top