The Supreme Court in the case Naresh Kumar Agarwal vs Villivalam Raghavchari Sridhar observed and has directed a Trial Court in Kolkata to complete trial in a criminal case arising out of an FIR that was being registered three decades ago.
In the present case, an FIR was registered in the year 1990 against the accused in a cheating case under Section 120B, Section 419, Section 420, Section 467, Section 468, Section 471, Section 477A of the Indian Penal Code, 1860. A discharged application was filled by the accused before the Trial Court which was dismissed. He approached the Calcutta High Court, against this, which upheld the said order.
The Apex Court bench comprising of Justice Sanjay Kishan Kaul and Justice S. Oka observed that some considerations must be noted that the FIR was being registered in the year 1990 and 32 years hence the trial is not complete, the court observed while dismissing the Special Leave Petition filed by the accused against the order of the High Court.
Thereafter, it has been directed by the bench that the Trial Court to proceed with the trial on almost day to day basis and ensure that the trial is completed within a maximum period of six months.
It was observed that last year the headed by Justice Kaul observed and has directed a Court in Pune to expedite the trial of a partition suit which is pending for 26 years. Further, the bench stated that we can hardly envisage a situation where for 26 years, suit is pending at the first stage, and the court has to decide the appeal and thereafter, the second appeals which would arise.
The Supreme Court in last year had come down heavily on a trial court for its failure to frame charges due to 78 adjournments irrespective of taking cognizance almost seven years back.
The post Supreme Court: Directed Kolkata Court To Complete Trial Within 6 Months: FIR Registered In 1990; Trial Not Complete After Three Decades appeared first on The Daily Guardian.
