SC directs Dehradun court to wind up 2014 cheating case in 6 months; 78 hearings gone by

Concerned over a total of '78 postponements' imparted by a lower court in Dehradun, Uttarakhand, the Apex Court has ordered to conclude the trial within a period of six months in a 2014 case of cheating and forgery against three individuals.

Keeping in line that the trial court has not taken a single step despite knowledge of the case from almost seven years back, a bench led by Justice AM Khanwilkar directed the Investigating Officer to make sure that the pieces of evidence are brought to the court on the scheduled dates for review by the trial court.

SC directs trial court to conclude the case within 6 months

"We direct the trial court to ensure that the trial is concluded not later than six months from the date of receipt of the copy of this order. We are required to issue this direction as we have noticed that the trial court, despite having taken cognizance almost seven years back, has not moved in the matter even an inch thereafter, including to frame charges, as may be necessary, despite 78 adjournments in the case," the bench, also incorporating Justices Dinesh Maheshwari and CT Ravikumar stated. 

The bench also extended accused Manish Verma, Sanjeev Verma and Neetu Verma's bail on terms and conditions which were imposed by the trial court, while directing them to extend full cooperation in the case for early settlement of the matter.

"Trial must proceed on its own merits and per law"

"In case, the trial court is of the opinion that the private respondents are not cooperating in the progress of the trial or are taking unnecessary adjournments, it must record that opinion in the 'roznamcha' (diary) and if that is a persistent approach od the private respondents, it will be open to the trial court to consider cancellation of bail in accordance with the law," the bench said.

The bench added that it is needless to observe that the order of cancellation of bail of the private respondents will not come in their way and the trial must proceed on its own merits and as per law.

Notably, the Apex Court's order, dated September 15 came in line with an appeal registered by Dr Atul Krishna against the Uttarakhand High Court's order of dismissing his plea seeking early disposal of the case.

Case registered in 2012, no steps taken by lower court so far

According to Krishna's appeal, an FIR was registered in 2012 at the Jaani police station in Meerut district against the respondent for offences under section 420 (cheating), 406 (punishment for criminal breach of trust), 467 (Forgery of valuable security, will), 468 and 470 (Forged document or electronic record) of the Indian Penal Code. This was a complaint concerning a land deal.

Subsequently, since the major properties and documents which were the subject matter of the complaint in the said FIR were falling within the domain of Dehradun district, the matter was transferred there.

The appeal filed through advocate Vivek Singh submitted that a perusal of the order sheet of the trial court from June 28, 2014, to October 15, 2020, showed that not even charges were framed against the respondents despite 78 hearing dates being fixed during the time period.

Inputs: PTI

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