File report on method to reduce pendency of vehicle challan cases: HC
The High Court of Himachal Pradesh has directed the state government to file a status report on the formula for reducing the pendency of summary cases, especially motor vehicle challans in courts.
A Division Bench comprising Chief Justice GS Sandhawalia and Justice Ranjan Sharma passed the order on a public interest litigation (PIL) highlighting the issue regarding a large number of challans that were clogging the system on both portals and courts and required redress.
It was mentioned in the PIL that there was a pendency of summary cases in the form of challans in criminal courts of the state to the extent of 50 per cent. The PIL highlighted the inability of the state to serve notices to offenders, due to which, there was difficulty in disposal by courts.
While hearing the matter, the court observed, “It is also to be seen that since most challans are pertaining to drivers from out of the state and considerable expenditure is entailed by the state to effect service upon the said offenders for petty offences, the maximum amount of fine sometimes will be more than expenses entailed on effecting service, if the state is successful.”
During the course of hearing, it was brought to the notice of the court that Uttar Pradesh had envisaged a formula that in case the state was unable to effect service for a period of approximately two years, there had to be a positive suggestion from them for withdrawal of prosecution under the relevant provisions.
On this, the court ordered: “Let necessary status report be filed as to whether such a formula can be adopted to cut down the pendency of summary cases in courts of Himachal Pradesh and the matter be listed for consideration on October 8.”
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