Court No. - 53
Case :- APPLICATION U/S 482 No. - 20027 of 2018 Applicant :- Ashok Kumar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rishi Kant Rai,Hari Om Ojha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sudhir Upaddhyaya, Advocate holding brief of Sri Rishi Kant Rai, learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Abhinav Tripathi appearing for the State.
This Application has been filed seeking to direct the Chief Judicial Magistrate, Kushinagar at Padrauna to conclude the trial of Criminal Case No. 836 of 2008 'State vs. Ram Pratap Singh & others' arising out of Case Crime No. 112/2008, under Sections 323, 504, 506 & 427 IPC, P.S. Kotwali Padrauna, District Kushinagar as expeditiously as possible as within a stipulated period of time as fixed by this Court.
The submission of learned counsel for the Applicant is that the trial is of the year 2008. A charge sheet in the case was filed on 07.03.2008 and charges were framed on 29.10.2013. The case is one triable as a warrant case where PW-1 has been examined so far despite a lapse of 8 years. It is pointed out that there are as many as total of 16 prosecution witness cited.The Court has been taken through the order sheet of the case and it does appear that the trial is proceeding at an undesirably slow pace.
Looking to the facts and circumstances noticed above, this Court of opinion that it is time now for the trial to be brought to an end on a scheduled basis. The trial court is directed to proceed with the trial and conclude the same expeditiously within a period of six months next from the date of receipt of a copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 31.5.2018/Deepak