2024 (9) TMI 1059

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....umar, Adv For the Respondents: Mr. Sunil Agarwal, SSC with Mr. Shivansh Pandya, Mr. Utkarsh Tiwari, Advs ORDER CM APPL. 21770/2024 (Ex.) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(C) 5309/2024 & CM APPL. 21769/2024 (interim directions) 3. This writ petition is directed against the order dated 18 January 2024 pursuant to which the applic....

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....person for which complaint was filed with the competent court 12 months prior to receipt of the application for compounding". 8. The above clause is not one prescribing a period of limitation for filing an application for compounding. It gives a discretion to the competent authority to reject an application for compounding on certain grounds. Again, it does not mean that every application....

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.... not be confused with the limitation for filing such an application. 9. This has to be also understood in the context of the object of providing for compounding of offences. There is an acknowledgement that the judicial system is not as efficient as it is intended to be. There are trials, even in non-serious offences, that have been pending for decades. It is in the public interest, apart....

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....oes not satisfy the criteria spelt out in the guidelines issued by the Department by its Circular dated 23rd December 2014. It has proceeded on a ground that is not available to the Department viz., that the application is inordinately delayed. Since there is no other reason given for the rejection of the application, the Court is unable to sustain the order dated November 3, 2016 of the Chief Com....