1996 (11) TMI 471

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....Misra, B.B. Singh, J.R. Das and Sinha, Advs. ORDER 1. We have heard learned Counsel appearing for the concerned parties in the present proceedings. Having given our anxious consideration to their contentions, we deem it fit to clarify/modify our judgment dated 1st May 1996 in Writ Petition (C) No. 1128 of 1986 as under: I. The time limit mentioned regarding the pendency of criminal cases in par....

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....ge or acquittal as per paragraphs 2(a) to 2(f) of our judgment if it is demonstrated that the accused concerned seek to take advantage of their own wrong or any other action of their own resulting in protraction of trials against them. II. The phrase 'pendency of trials' as employed in paragraphs from 1(a) to 1(c) and the phrase 'non-commencement of trial' as employed in paragraph....

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....ed who appear or are brought before the magistrate are asked under Section 251 whether they plead guilty or have any defence to make. III. In paragraph 4 of our judgment in the list of offences to which directions contained in paragraphs 1 and 2 shall not apply, the following additions shall be made: (n) matrimonial offences under Indian Penal Code including Section 498-A or under any other law ....

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....ed under the above additional categories (n) to (r) wherein accused are already discharged or acquitted pursuant to our judgment dated 1st May 1996 and they are liable to be proceeded against for such offences pursuant to the present order and are not entitled to be discharged or acquitted as aforesaid, the concerned criminal court shall suo motu or on application by the concerned aggrieved partie....