Sikkim High Court
Crl. M. C./6/2014 of Hissey Tsewang Bhutia & Others Vs State Of Sikkim on 24 June 2014
COURT OF SIKKIM CRIMINAL JURISDICTION Crl. M.C. No. 06/2014 Hissey Tsewang Bhutia & Ors. vs. State of Sikkim BEFORE HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN 01. 24.06.14 Present: M/s. Jorgay Namka and Chenga Doma Bhutia, Advocates for the Petitioners. Mr. Hissey Tsewang Bhutia,
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IN THE HIGH COURT OF SIKKIM
CRIMINAL JURISDICTION
Crl. M.C. No. 06/2014 Hissey Tsewang Bhutia & Ors. vs. State of Sikkim BEFORE
HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN
01. 24.06.14 Present: M/s. Jorgay Namka and Chenga Doma Bhutia, Advocates for the Petitioners.
Mr. Hissey Tsewang Bhutia, Petitioner No. 1, in person.
Mr. Khirod Megi, Petitioner No. 2, in person.
Mr. Nima Gyaltsen, Petitioner No. 3, in person.
M/s. S.K. Chettri and Pollin Rai, Asstt. Public Prosecutors for State.
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Learned counsel for petitioners, after arguing the case for some time, on instructions from the petitioners, who are present in person, submitted that investigation in the present case started in the year 2007, charge-sheet was filed in the year 2010, charge was framed in the year 2012, and now Revision against an order framing charge has been dismissed in the year 2014, but looking to the limited scope of Section 482 Cr P.C., he may be permitted to withdraw this Crl. Misc. Application, but a direction be given to the trial Court to conclude the trial within a period of six months.
Learned Asstt. Public Prosecutor submitted that he will instruct the Public Prosecutor appearing in the trial Court to examine all the prosecution witnesses at the earliest.
Learned counsel for both the parties also assured that they will not seek unnecessary adjournment in the case and that they will fully cooperate with the trial Court to conclude the trial of the case at the earliest.
I have considered the submissions of learned counsel for the parties. In my view also it will be in the interest of justice to allow the petitioners to withdraw this Crl. Misc. Case so as to avoid any observation by this Court, which may affect the case of either party and direct the trial Court to complete the trial within a period of six months.
Consequently, this Crl. Misc. Petition is disposed off with a direction to the trial Court to complete the trial of the case as soon as possible, but not later than a period of six months from the date of receipt of a copy of this order.
It is needless to mention that in case necessity so arises, the trial Court will proceed with the case on day to day basis.
The Registry is directed to send a copy of this order to the trial Court immediately, for compliance.
Chief Justice 24.06.2014