Court No. - 66
Case :- APPLICATION U/S 482 No. - 28942 of 2019 Applicant :- Abad Mohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Abhinav Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Court below to expedite the trial of Sessions Trial No.731 of 2007 (State vs. Mukarram and others), arising out of Case Crime No. 6 of 2007, under Sections 147, 148, 149, 307, 302 I.P.C., P.S. Kakrauli, District Muzaffarnagar, pending in the Court of Additional Sessions Judge/Fast Track Court No.2, Muzaffarnagar, within a stipulated period.
Submission of the learned counsel for the applicant is that the applicant is the first informant of the aforesaid murder case in which F.I.R. was registered against the accused in the year 2007 and after committal the sessions trial is pending. He further submits that till date only three witnesses have been examined on account of dilatory and delaying tactics being adopted by the accused. It is submitted that the applicant feeling helpless moved a Criminal Misc. Application (U/s 482 Cr.P.C.) No.34957 of 2014 which was disposed of by the order dated 29.8.2014 whereby specific direction was issued to the court concerned to decide the aforesaid case expeditiously, if possible within a period of six months, strictly in accordance with Section 309 Cr.P.C., if there was no legal impediment. It is stated that despite specific direction issued by the Court, the court below has not paid any sincere heed to it and the trial is still lingering on mainly on account of adjournments being sought by the accused.
Be that as it may, without entering into the fact as to on account of whose fault the trial is lingering on for the last twelve years, I direct the Additional Sessions Judge/Fast Track Court No.2, Muzaffarnagar to take the matter on priority basis fixing the matter on day to day basis and shall be at liberty to adopt all coercive action against the witnesses or accused who are not cooperating with the trial and conclude the same expeditiously strictly in accordance with law, preferably within a period of six months without fail from the date of production of a certified copy of the order, if there is no legal impediment.
With the aforesaid observations, the present application under Section 482 Cr.P.C. application is finally disposed of.
Order Date :- 26.7.2019/ Vikas