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2024 DAILYLAW 1818 (RAJ)

JAGDISH GURJAR S/O SHRI RAMLAL GURJAR v. STATE OF RAJASTHAN

CRLMP/6433/2024 · 2026-05-20

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6433/2024 Jagdish Gurjar S/o Shri Ramlal Gurjar, Aged About 62 Years, Resident Of Village Aakhari, Post Gegal, Police Station Gegal, District Ajmer (Rajasthan) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Naval Kishore Saini For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Gaurav Gupta, Asstt. GA JUSTICE ANOOP KUMAR DHAND Order 20/05/2026 1. The instant criminal misc. petition has been preferred with the following prayer:- “It is, therefore, prayed that this Petition may kindly be allowed and either direction to the learned Trial Court may be given to expedite the proceeding by day to day examining the witnesses or the matter may be transferred to the learned Fast Track Court, Ajmer to examine witnesses expeditiously. Any other order or direction which the Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly also be passed in favour of the Petitioner.” 2. A prayer has been made for issuing directions to the Trial Court to examine the witnesses expeditiously and conclude the trial in a fixed timeline. 3. Learned counsel for the petitioner submits that on the basis of the FIR No.158/2021 lodged by the petitioner with the Police (2 of 3) [CRLMP-6433/2024] Station Gegal, District Ajmer, the process of investigation came into motion and thereafter the accused were charge-sheeted for the offences under Sections 341, 440 and 302/34 IPC before the concerned court. Learned counsel submits that the trial against them is lying pending before the said court since last more than five years and till date the trial has proceeded at snail’s pace and no sincere efforts have been made by the learned Trial Judge for summoning the witnesses. Hence, appropriate directions be issued to the Court below for taking appropriate steps for speedy conclusion and disposal of the trial. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. So far as the first prayer of the petitioner for fixing time limit for concluding the trial against the accused is concerned, the same cannot be accepted, as the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh & Ors. reported in (2024) 6 SCC 267 has deprecated the practice of constitutional Courts issuing directions to the subordinate Courts to conclude the trial in a fix time bound schedule. 6. So far as alternative prayer of the petitioner for issuing directions to the Trial Court for expeditious disposal of the pending proceedings is concerned, this Court deems it just and proper to issue directions to the Court below to make all possible endeavours to conclude the trial expeditiously, as early as possible, by summoning the witnesses through the concerned Superintendent of Police and secure their presence for appearance (3 of 3) [CRLMP-6433/2024] in the witness box, so that the trial can be concluded expeditiously and come to a logical end. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. All pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J 51/Karan