Heard learned counsel for petitioners and learned A.G.A. for the State.
It is submitted by learned counsel for petitioners that Criminal Case No. 2280 of 2018 (State Vs. Rohit Tiwari) is pending in the court of learned Judicial Magistrate-III, Faizabad. The complainant has lodged an FIR for offence punishable under Sections 498-A, 323, 494, 504, 506 IPC and 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Faizabad.
The cognizance has been taken by the trial court on the basis of charge sheet. The bailable warrants has been issued against accused persons and accused Rohit. Accused Rohit has been enlarged on interim bail vide order dated 16.2.2018 and the matter was referred to Mediation Centre on 23.2.2018.
Accused Rohit is not appearing before the Mediation Centre, therefore, non-bailable warrant was issued again against him and co-accused persons. He again surrendered before court concerned and he was granted bail and date 8.8.2018 was again fixed for reconciliation proceedings at Mediation Centre vide order dated 2.8.2018.
Rohit Kumar Tiwari appeared before the Mediation Centre but other co-accused persons are not cooperating in these proceedings. Therefore, non-bailable warrants were issued vide order dated 23.8.2018 against remaining accused persons. The bailable warrants against Ravindra, Geeta and Chhote Lal were recalled by the trial court also.
Now on 15.7.2019 cross-examination of PW-1 was recorded and date 8.8.2019 was fixed for remaining cross examination. Therefore, trial court may be directed to expedite the proceedings of the aforesaid criminal case.
Learned A.G.A. has submitted that the proceedings are going on before the trial court and the trial court has also made endeavour for reconciliation between the parties but the accused persons were not cooperating the prosecution during the course of mediation proceedings or trial. Therefore, the proceedings of trial court could not be expedited by the trial court.
In the aforesaid circumstances, this petition is disposed of and the trial court shall be at liberty to make endeavour to expedite the proceedings of the aforesaid criminal case.
Order Date :- 29.8.2019 Virendra