Dharmendra Chauhan @ Charmendra Chauhan Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.32167 of 2011 dharmendra chauhan @ charmendra chauhan versus the state of bihar ---------------------------------- 3. 18.1.2012 call for legible carbon copy of the case diary of chandi p.s. case no.120 of 2009 from the court of sri k.d. raja jee, j.m. 1st class, hilsa (nalanda), so as to reach this court within three weeks. on the ground of undue delay in trial this court called for a report from the trial court about the present stage of trial and as to why there is delay in commitment of the case of the petitioner even though the petitioner is in jail since 26.6.2010. the judicial magistrate, hilsa, nalanda reported that the petitioner was charge-sheeted vide supplementary charge sheet, on which cognizance was taken on 14.2.2011 and thereafter the case was committed to the court of sessions on 13.10.2011. the petitioner has placed the certified copy of the order sheet between 29.9.2009 to 17.9.2011. on perusal of the same, i find that the petitioner had surrendered in court on 26.6.2010 and his bail was refused by the magistrate on 29.6.2010. the stamp next to the date 14.7.2010 reveals that supplementary charge sheet with the case diary was received in the court. thereafter the case remained pending for taking cognizance and finally on -2- 14.2.2011 cognizance was taken in the matter noting therein that a supplementary charge sheet dated 30.6.2010 had been received on 14.7.2010, upon which cognizance was being taken. there was no reason as to why the concerned magistrate did not take cognizance immediately after submission of the supplementary charge sheet and did so about five months later. the district & sessions judge, nalanda at biharsharif is directed to look into the records of chandi p.s. case no.120 of 2009 and identify the judicial officer and where he is presently posted, who had committed the lapse so that appropriate action can be taken against him. the certified copy of the order sheet be kept as part of this application. put up this matter under the heading to be mentioned after receipt of the case diary and report of the district and sessions judge, nalanda at biharsharif. narendra/ ( anjana prakash, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32167 of 2011 Dharmendra Chauhan @ Charmendra Chauhan Versus The State Of Bihar ---------------------------------- 3. 18.1.2012 Call for legible carbon copy of the case diary of Chandi P.S. case No.120 of 2009 from the court of Sri K.D. Raja Jee, J.M. 1st class, Hilsa (Nalanda), so as to reach this court within three weeks. On the ground of undue delay in trial this Court called for a report from the Trial Court about the present stage of trial and as to why there is delay in commitment of the case of the petitioner even though the petitioner is in jail since 26.6.2010. The Judicial Magistrate, Hilsa, Nalanda reported that the petitioner was charge-sheeted vide supplementary charge sheet, on which cognizance was taken on 14.2.2011 and thereafter the case was committed to the court of Sessions on 13.10.2011. The petitioner has placed the certified copy of the order sheet between 29.9.2009 to 17.9.2011. On perusal of the same, I find that the petitioner had surrendered in court on 26.6.2010 and his bail was refused by the Magistrate on 29.6.2010. The stamp next to the date 14.7.2010 reveals that supplementary charge sheet with the case diary was received in the court. Thereafter the case remained pending for taking cognizance and finally on -2- 14.2.2011 cognizance was taken in the matter noting therein that a supplementary charge sheet dated 30.6.2010 had been received on 14.7.2010, upon which cognizance was being taken. There was no reason as to why the concerned Magistrate did not take cognizance immediately after submission of the supplementary charge sheet and did so about five months later. The District & Sessions Judge, Nalanda at Biharsharif is directed to look into the records of Chandi P.S. case No.120 of 2009 and identify the Judicial Officer and where he is presently posted, who had committed the lapse so that appropriate action can be taken against him. The certified copy of the order sheet be kept as part of this application. Put up this matter under the heading to be mentioned after receipt of the case diary and report of the District and Sessions Judge, Nalanda at Biharsharif. Narendra/ ( Anjana Prakash, J.

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