indra Kumar Matani Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1052812
CourtMadhya Pradesh High Court
Decided OnMar-05-2013
Appellantindra Kumar Matani
RespondentThe State of Madhya Pradesh
Excerpt:
1 m. cr.c.no.14028/2012. 5.3.2013 . shri manish mishra, learned counsel for the petitioner. shri pramod chourasiya, learned p.l.for the respondent/ state. in compliance of the order dated 16.1.2013 notice against admission of this petition was issued to the respondent no.2, its acknowledgment due receipt with the signature of some member of the respondent's family has been received. it appears that such notice was sent through registered post on the correct address mentioned by the applicant in the petition. in view of the provision of presumption regarding service of notice on the party through registered post, it is held that notice has been duly served on the respondent no.2 and no one has appeared on his behalf. the petition is taken up for consideration on the question of admission as well as for final disposal. the applicant/ complainant has filed this petition for appropriate direction to the court of 8th additional session judge, bhopal to take an endeavor to expedite the trial of s.t.no.179/2012 within some time bound schedule. in support of such contention to show the s.t.number has has referred they photo copy of the order sheets from 7.2.2012 to 12.4.2012 drawn by the trial court. the same is taken on record. in the available circumstances of the matter the petition is disposed of with a direction to the aforesaid trial court to take an endeavor to expedite the trial of the aforesaid session trial and 2 conclude the same on or before 31st of january, 2014 under intimation to this court. the aforesaid order has been passed keeping in view the submission of the counsel that further trial of the aforesaid case has not been stayed either by this court or the apex court in any other matter.c.c. as per rules. (u. c.maheshwari) judge k
Judgment:

1 M.

Cr.C.No.14028/2012.

5.3.2013 .

Shri Manish Mishra, learned counsel for the petitioner.

Shri Pramod Chourasiya, learned P.L.for the respondent/ State.

In compliance of the order dated 16.1.2013 notice against admission of this petition was issued to the respondent No.2, its acknowledgment due receipt with the signature of some member of the respondent's family has been received.

It appears that such notice was sent through registered post on the correct address mentioned by the applicant in the petition.

In view of the provision of presumption regarding service of notice on the party through registered post, it is held that notice has been duly served on the respondent No.2 and no one has appeared on his behalf.

The petition is taken up for consideration on the question of admission as well as for final disposal.

The applicant/ complainant has filed this petition for appropriate direction to the Court of 8th Additional Session Judge, Bhopal to take an endeavor to expedite the trial of S.T.No.179/2012 within some time bound schedule.

In support of such contention to show the S.T.number has has referred they photo copy of the order sheets from 7.2.2012 to 12.4.2012 drawn by the trial Court.

The same is taken on record.

In the available circumstances of the matter the petition is disposed of with a direction to the aforesaid trial Court to take an endeavor to expedite the trial of the aforesaid Session Trial and 2 conclude the same on or before 31st of January, 2014 under intimation to this Court.

The aforesaid order has been passed keeping in view the submission of the counsel that further trial of the aforesaid case has not been stayed either by this Court or the Apex Court in any other matter.C.C.

as per rules.

(U.

C.Maheshwari) Judge k