The Madhya Pradesh High Court, while observing that Petitioner himself has taken various adjournments in a petition in the nature of mandamus could be filed for early disposal of the trial , dismissed a Petition with a cost of Rs.10,000/- on the Petitioner.
The petition is filed seeking direction to the Judicial Magistrate , Bhopal to decide the pending trial .
The plea of the petitioner is that there is a delay in the disposal of the trial. He has produced before the High Court the order sheets.
From the order sheet , the Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra noted that the petitioner himself has filed about 17 applications under Section 317 of the Cr.P.C. and sought for adjournment.
“When he himself has taken various adjournments, we fail to understand as to how a writ petition in the nature of mandamus could be filed for early disposal of the trial. This is nothing but an abuse of the process of the Court. In a case where the petitioner has been diligent then necessarily the Court would have taken appropriate action but when the delay is largely due to the fault of the petitioner, we do not find that such petition should be entertained”, the Court observed.
Hence, the petition is dismissed by the High Court with a cost of Rs.10,000/- to be paid by the petitioner with the M.P. High Court Employees Association, Jabalpur.