Vijay Kumar v. State of Meghalaya, Represented by the Secretary Home (Police) Department To the Government of Meghalaya
2015-03-18
S.R.SEN
body2015
DigiLaw.ai
ORDER (ORAL) The petitioner’s case in a nutshell is that: “The respondent No. 2 by filing an FIR with the Officer-in-Charge, Sadar Police Station, Shillong on 11th April, 2012 forwarded a report of fake birth certificate in respect of Shri Raghubansh Roy appeared to having issued by the Senior Medical and Health Officer, Registrar of Birth and Deaths. Shillong Municipal Board, Shillong. The Officer-in-Charge of Sadar Police Station Shillong on received of the said FIR dated 11/4/2012 registered a Case as Shillong Sadar P.S. No. 59 (4) of 2012 under section 420/468 IPC and entrusted the case to one ASI B.M. Marak for the investigation, after completion the investigation filed a charge sheet being C.S. No. 67/13 dated 14-5-2013 under section 420/468 IPC against the Petitioner and other (3) three co-accused namely 1. Shri. Raghubansh Roy, 2. Shri. Tomlal Joshi and (3). Shri. Chabilal Gautam. However, the manner in which the date is being fixed by the learned trail court, the Petitioner feels that there is no likelihood that the trial will commence and conclude within a reasonable period of time, in the eventuality, the Petitioner will be deprived of the speedy trial consequent thereof there will be failure of justice in as much as violation of Article 21 of the Constitution of India. Moreover, the FIR, charge sheet, statement of the witnesses recorded under section 161 Cr.P.C. and the seizure list prepared by the police if are taken at the face value and accepted in its entirety it do not prima-facie constitute any offence against the Petitioner. Hence the entire criminal proceeding against the Petitioner is liable to be quashed. 2. Heard Mr. M.F. Qureshi, learned counsel appearing for and on behalf of the petitioner who submits that, charge sheet has been filed under section 420/468 IPC and as per the statement recorded by the I/O nothing has come against the petitioner/accused. He also further contended that, the trial is proceeding very slowly. As a result, the petitioner/accused’s promotion has been held up. So, necessary order may be passed. 3. Also heard Mr. H. Kharmih, learned GA appearing for and on behalf of the State. 4. After going through the case record and after hearing the submissions advanced by the learned counsel for the parties, I am of the view that, this petition can be disposed of at the motion stage only, with following directions.
3. Also heard Mr. H. Kharmih, learned GA appearing for and on behalf of the State. 4. After going through the case record and after hearing the submissions advanced by the learned counsel for the parties, I am of the view that, this petition can be disposed of at the motion stage only, with following directions. Since it is a case of fake certificate, I am not inclined to quash the proceeding pending before the learned lower court. However, it is also the pertinent duty of the court to complete the trial expeditiously. 5. Accordingly, the learned Chief Judicial Magistrate, Shillong is directed to expedite the trial and to dispose of the matter as early as possible. 6. With this observation and direction, the instant petition is allowed and stands disposed of.