CourtKutchehry.com
High CourtsSingle Bench

Shubham Deb vs State Of Meghalaya & Ors

Meghalaya High Court · Decided on 5 June 2026 · Citation: (2026) 06 MEG CK 0277

HON’BLE JUDGES
Revati Mohite Dere, CJ
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 380 · Constitution Of India, 1950 — Article 21
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 58 Of 2026
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 361 words

Revati Mohite Dere, CJ

1.

Heard learned counsel for the parties.

2.

By this petition, the petitioner seeks quashing of the proceeding initiated against him and presently pending before the learned Judicial Magistrate at Shillong, being G.R. Case No.246(S) of 2016. The petitioner is facing prosecution under Section 380 of the IPC.

3.

The grievance of the learned counsel for the petitioner is that the case is of 2016 and is pending for the last 10 years with no closure in sight. He submits that there are five witnesses, whom the prosecution intended to examine, out of which, four witnesses have been examined, the last witness having been examined in the year 2022. He submits that the last witness to be examined by the prosecution, is not appearing despite several dates. He states that the said witness is not being produced by the prosecution. It is the duty of the prosecution to ensure that the witnesses that they propose to examine are produced on the date given by the trial court. Right to an expeditious trial is the right of an accused under Article 21 of the Constitution.

4.

Considering the aforesaid, instead of quashing the proceeding, it would be appropriate to direct the learned trial court to dispose of the said case as expeditiously as possible and in any event within six months from the date of receipt of this order. It is made clear, that for whatever reason if the prosecution is unable to produce the last witness or any other witness that they seek to examine, the learned trial court to take appropriate steps to conclude the case.

5.

The petition is allowed to the extent aforesaid and is disposed of.

6.

The Registry to send a copy of this order passed today to the learned trial court to enable the learned trial court to conclude the trial expeditiously as directed.

7.

It is made clear, that this Court has not gone into the merits of the evidence as adduced against the petitioner and as such, all contentions of all parties on merits are kept open.

8.

All parties to act on the authenticated copy of this order.