Case Note & Summary
The petitioner, Mohan Kumar @ Vinaya Kumar @ Kotthi, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru. The petitioner was arraigned as accused No.1 in S.C.No.18/2016 pending before the Court of I-Additional District and Sessions Judge, Mysore, for offences punishable under Sections 302 (murder), 201 (causing disappearance of evidence), 120-B (criminal conspiracy) read with Section 34 (common intention) of the Indian Penal Code, 1860 (IPC). The case arose out of Crime No.90/2015, which was initially registered as C.C.No.330/2015 before the committal court. The investigating officer had filed a charge sheet containing 50 witnesses (CW1 to CW50). The petitioner sought a direction to the Sessions Court to dispose of the case expeditiously. The High Court, after hearing the counsel for the petitioner and the State, and noting that no one appeared for respondent No.2, allowed the petition. The court directed the Sessions Court to dispose of S.C.No.18/2016 as expeditiously as possible, considering the nature of the offences and the pendency of the case.
Headnote
A) Criminal Procedure - Speedy Trial - Section 482 CrPC - Direction for expeditious disposal - Petitioner, accused in a murder case, sought direction to Sessions Court to expedite trial - Court, considering the pendency and nature of offences, directed the Sessions Court to dispose of the case as expeditiously as possible - Held that the petition is allowed with a direction for speedy disposal (Paras 1-5).
Issue of Consideration
Whether the Sessions Court should be directed to dispose of the pending sessions case expeditiously.
Final Decision
The petition is allowed. The Sessions Court in S.C.No.18/2016 on the file of the I-Additional District and Sessions Judge, Mysore, is directed to dispose of the case as expeditiously as possible.
Law Points
- Speedy trial
- Section 482 CrPC
- expeditious disposal
- criminal trial
- murder case
