Court No. - 53
Case :- APPLICATION U/S 482 No. - 33739 of 2018 Applicant :- Ajay Pal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mukesh Kumar, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing for the State.
The applicant is an accused and is facing trial in Case No.1973 of 2007-State Vs. Jagdish @ Kallu & Ors. (arising out of Case Crime No.129 of 1994), under Sections 457, 380, 411 IPC, PS Panki, Kanpur Nagar, District Kanpur Nagar pending in the Court of the Chief Metropolitan Magistrate.
The submission of the learned counsel for the applicant is that the crime is of the year 1994, that is to say, the crime was registered 24 years ago. The applicant is an accused and, therefore, has a fundamental right to a speedy trial. It is pointed out that the charge sheet in the case was filed in the year 1995 which makes the case on the file of the Magistrate the matter 23 years old. It is a case that is triable by the Magistrate as a warrant case and charges have been framed on 13.04.1998. The case is up for hearing since the year 1998. It is submitted that the the witnesses where PW-1, 2 & 3 have already been examined.
Looking to the said fact, the Trial Court shall now proceed with the matter on a day to day basis. In case witnesses and the remainder of them are not appearing, immediate coercive processes shall be issued to ensure their presence which shall be caused to be executed by the SSP, Kanpur Nagar truly and faithfully and without fail. The witnesses shall be caused to appear on each date fixed by the SSP, Kanpur Nagar, whether private or official, and, the trial shall be concluded positively within a period of four months next in accordance with law.
With the above orders, the application is disposed of. Order Date :- 25.9.2018 Shahroz