Quentin Schmidt vs State Of Karnataka

Sreenivas Harish Kumar, J

Heard the petitioner's counsel and the learned High Court Government Pleader for respondent-State.

This is a petition filed under Article 227 of the Constitution of India seeking writ of mandamus directing the Magistrate to expedite the disposal of

C.C.No.10036/2019.

The petitioner has been prosecuted for the offences punishable under Sections 332 and 353 read with Section 34 of IPC. It is the submission of the

learned counsel for the petitioner that the learned Magistrate has not yet framed the charges. The petitioner is a foreign national; because of the delay

in framing of charges and taking up the matter for trial, he cannot go back to his country and unnecessarily he is made to stay in India.

Learned High Court Government Pleader submits that the petitioner had made an application for discharging him and because of pendency of this

application the charges are not yet framed.

The petitioner has produced the order sheet of the proceedings in C.C.No.10036/2019 at Annexure- B, it shows that the application made by the

petitioner under Section 239 of Cr.P.C., was rejected on 10.01.2020. Since then the charges are not framed. The order sheet also shows that the

accused are appearing before the Court regularly and it is not known why the Court below has not been able to frame the charges. Taking note of the

fact that the petitioner is a foreign national, it is necessary to observe here that the case against him shall be disposed of at the earliest. Therefore this

writ petition deserves to be allowed and consequently the following:

ORDER Writ petition is allowed.

Learned Magistrate is hereby directed to dispose of the case, C.C.No.10036/2019 expeditiously, within a period of six months from the date of receipt

of certified copy of this Order.

Petitioner is hereby directed to regularly appear before the trial Court and co-operate with the Court for expeditious disposal.