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Bombay High Court, irked by delay in trial, directs action against judicial officer

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Refusing to accept “feeble excuses” by a trial court judge for not completing a trial within a scheduled time, the Bombay High Court has directed the court’s registrar to place a report before the administrative committee for appropriate directions against the Judge.

The high court directed this while noting that “It appears to us that the Judicial Officer concerned, is not serious doing her judicial work.”

The bench of Justices Ajay Gadkari and Neela Gokhale was hearing a petition filed by a Thane based Doctor, who had sought that the trial initiated by his estranged wife for cruelty under section 498A and Dowry Prohibition Act, be expedited.

The bench noted that the petitioner had made a similar request earlier in 2021 and the high court, at that time had directed the judge of the concerned Court to conclude the trial in the 2019 case “as expeditiously as possible however within a period of 4 months from the receipt of the order”. This order was passed on February 24, 2021.

The charges were framed by the trial court and there were only nine prosecution witness cited in the case.

However, the petitioner, now in 2024, again pointed out that in spite of a high court order, the complainant in the case is allegedly filing various applications and delaying the entire hearing by remaining absent by citing medical reasons.

The plea alleged that the court was also giving long dates for adjournment. The plea stated that there were instances when short dates were requested but the trial court gave dates which were almost a month away, “causing further delay.”

The plea filed by advocate Prashant Badole pointed out that the trial had stretched on for three long years and it was in December 2021 that the complainant had started to depose in the case. The complainant’s cross-examination ended only in March 2024, stated the plea.

Noting the allegations, the bench, during an earlier hearing in July had directed the “Registrar to call for a report from the registry of 16th Judicial Magistrate, First Class (JMFC), Belapur, as to why directions issued by the Order dated 24th February 2021 are not complied with.”

The report by Joint Civil Judge Junior Division and JMFC, Belapur, Thane district was forwarded to the bench which noted the reasons mentioned in it.

The JMFC had stated that the case came up before her for the first time on January 30, 2023, and at that time, the concerned clerk did not point out to her that the case was made time-bound by the high court.

Another reason stated by the Judicial Officer is that, she is dealing with a huge pendency of 10 years plus cases, both Criminal and Civil and therefore, she has to give attention to each and every matter on a priority basis. The report added that there is insufficient staff in her court, and it goes on frequent leave as well.

However, the bench after perusing the order noted that even after January 30, 2022, the Judicial Officer did not adopt the necessary steps for expeditious disposal of the case for giving complete effect to the Order passed by the high court in 2021.

Though the bench noted that “numerous other excuses are also given in the report for not completing the trial within the stipulated period,” it added that even if the complainant was not cooperating with the trial court, the trial court has power to take the case to its logical end, as per the directions issued by the High Court.

The trial Judge had further sought an extension of six months to dispose the case.

“We are unable to accept the feeble excuses given by the Judicial Officer in not complying with the directions issued vide Order dated 24th February 2021 and paying scant respect to it. It appears to us that the Judicial Officer concerned is not serious in performing her judicial work. This requires attention by the Administrative Committee of this Court,” stated the bench.

The bench will further hear the plea after the Administrative Committee takes appropriate steps/action on the report.

Published By:

Sudeep Lavania

Published On:

Aug 20, 2024

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