Court No. - 53
Case :- MATTERS UNDER ARTICLE 227 No. - 5868 of 2018 Petitioner :- Ashish Tiwari Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the petitioner and the learned AGA for the State.
This petition under Article 227 of the Constitution has been filed seeking a direction to the Chief Judicial Magistrate, Deoria to decide Criminal Case No. 771 of 2013 (Sarkar vs. Sandeep Tiwari), under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali, District Deoria within a determinate period of time.
In the submission of Sri Ved Byas Mishra, learned counsel for the applicant who is the first informant of the case giving rise to the present prosecution has an interest to see early end to the proceedings commenced upon his information. The accused also has a right to speedy trial guaranteed by Article 21 of the Constitution. The crime relates to the year 2013 and the case is also of the year 2013. It is submitted that the charges have not been framed till date even though the discharge application brought on behalf of the accused has been rejected. It is submitted that the case is triable as a warrant case by the Magistrate, where non-framing of charges over all this period of time shows an extremely lethargic approach.
Considering the aforesaid facts and on perusal of the order sheet which shows that some of the accused are not appearing, on account of which framing of charge is getting delayed, it is directed that the Magistrate shall take immediate steps to secure the attendance of all the accused by issuing coercive processes which shall be executed by the S.P. Deoria under his supervision through his subordinates positively and all accused in the case will be caused to be produced before the Magistrate on the date fixed. This Court also takes notice of the fact that a perusal of the order sheet shows that there is no stay or hindrance in the proceedings by any revisional interference.
Considering the aforesaid facts and circumstances, it is directed that the trial court shall ensure attendance of the accused within a period of six weeks next by issue of all coercive processes and frame charges within a period of eight weeks next. The Magistrate shall thereafter proceed with the trial expeditiously and endeavour to conclude the same within a period of eight months, if there is no legal impediment.
The application stands disposed of with the above orders.
Order Date :- 20.8.2018 Imroz