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Bombay High Court Cracks Down on Trial Judge for Delaying Case, Cites 'Feeble Excuses'
The Bombay High Court has taken action against a trial court judge for failing to complete a trial within the scheduled time. The judge had offered 'feeble excuses' for the delay, which the High Court rejected.
The case involves a Thane-based doctor who sought to expedite the trial initiated by his estranged wife for cruelty and dowry harassment. The High Court had previously directed the trial court to conclude the case within four
months, but the trial had dragged on for three years.
Noting the allegations, the bench, during an earlier hearing in July, had directed the 'Registrar' to call for a report from the registry of 16th Judicial Magistrate, First Class (JMFC), Belapur, as to why directions issued by the Order dated 24th February 2021 are not complied with.
The report stated that the case came up before the JMFC for the first time on January 30, 2023, and the clerk did not
point out that the case was made time-bound by the high court. The JMFC cited reasons like a huge pendency of cases and insufficient staff.
The High Court stated, "It appears to us that the Judicial Officer concerned, is not serious doing her judicial work." The bench also noted that 'numerous other excuses are also given in the report for not completing the trial within the stipulated period'.
The trial Judge had sought an extension of six months to dispose of the case, but the High Court refused to
accept the excuses, stating, "We are unable to accept the feeble excuses given by the Judicial Officer. This requires attention by the Administrative Committee of this Court"