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Sunita Bansal vs The State (Nct Of Delhi) on 19 March, 2018


DECIDED ON : 19th MARCH, 2018

+ W.P.(CRL) 796/2018
SUNITA BANSAL ….. Petitioner
Through : Mr.Ajit Kakkar, Advocate with Ms.S.Pani,


THE STATE (NCT OF DELHI) ….. Respondent
Through : Mr.Sanjay Lao, ASC.


S.P.GARG, J. (Oral)

1. Present writ petition under Article 226 of the Constitution
of India read with Section 482 Cr.P.C. has been filed by the petitioner
to seek directions to the Trial Court to expedite the process of taking
cognizance of the charge-sheet filed under Sections 498A/406/34 IPC.
Status report not filed.

2. I have heard the learned counsel for the parties and have
examined the file. Only grievance of the petitioner is that despite
filing of charge-sheet long back, the learned Trial Court has not taken
any decision to take cognizance.

3. Perusal of the file reveals that the charge-sheet was filed
in the Court in 2016. However, till date no cognizance has been taken.

W.P.(Crl.) 796/2018 Page 1 of 2

Record reveals that various dates have been given by the learned
Presiding Officer for consideration of the charge-sheet / limitation for
taking cognizance of the offence. However, till date no effective
proceedings have been conducted. It has resulted in delay in the
further trial of the case and the proceedings have remained at the
initial stage.

4. Learned Addl. Standing Counsel for the respondent urges
to direct the Trial Court to expedite the trial.

5. Since the cognizance has not been taken and the next date
of hearing before the Trial Court is 31.03.2018, in the interest of
justice and for speedy trial of the case, the learned Trial Court is
requested to proceed further on merits after passing speaking order
whether to take cognizance of the offence or not on 31.03.2018 itself
or soon thereafter.

6. The writ petition stands disposed of in the above terms.

7. Copy of the order be sent to the Trial Court for

MARCH 19, 2018 / tr

W.P.(Crl.) 796/2018 Page 2 of 2

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