HC orders lower court to decide within 30 days

Complainant approached the high court after Sessions Court failed to deliver any judgment despite concluding the hearing 2 years ago

A man has knocked on the doors of the Gujarat High Court after failing to get speedy justice in a case where his neighbour’s pet dog bit him in 2014. The Magistrate Court had in 2020 convicted the dog owner and sent him to three months simple imprisonment. The accused then challenged the order before the City Sessions Court. However, even after the conclusion of the appeal hearing in 2021, the Sessions Court did not decide on the matter forcing the complainant to approach the HC.

After hearing the case, Justice HD Suthar said it was surprising and disturbing that the lower court had not delivered a judgment even after the conclusion of arguments two years ago.  The HC then ordered the City Sessions Court to deliver the judgment within 30 days from today.

As per the case details, complainant Avinash Patel a resident of Ashapuri Society Vibhag-1 was bitten by the pet Doberman of the accused Bhadresh Pandya, a resident of the same society’s Vibhag-2 in Ghodasar area.  Pandya allegedly used to let his dog roam free in the society endangering the safety of the society members. The dog had allegedly bitten three others – Jay Patel, Vyom Kayastha and Takshil Patel before he bit the complainant. In March 2014, the pet assaulted Avinash who fell and fractured his right hand following which he registered a complaint against Pandya.

The police filed a chargesheet and the magistrate court in 2020 convicted Pandya for three months imprisonment. Pandya then challenged the order before the City Sessions Court which concluded arguments from all the parties in 2021. However, even after repeated requests by Patel, the judgment was not delivered.
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Patel then approached the Gujarat High Court through advocate Rajan Patel. The advocate submitted that the complainant has been seeking justice for a long time and not delivering the judgment is a clear abuse of the legal process. The HC has asked to render judgment in next 30 days.