Court No. - 52
Case :- APPLICATION U/S 482 No. - 9694 of 2018 Applicant :- Ashwani Kumar Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing order dated 18.9.2017 passed by Additional Session Judge/Fast Track Court-IInd, Chandauli in Sessions Trial No.159 of 2003 arising out of Case Crime No.189 of 2002 under Section 3(1) of U.P. Gangster Act, Police Station Chandauli, District Chandauli.
The prayer for quashing the proceedings as well as order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within a period of two weeks from today, the said application shall be considered and disposed expeditiously in accordance with law. For a period of two weeks, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is contended that the trial is pending since 2003.
In view of it, the trial court is directed to expedite aforesaid sessions trial and conclude the same in accordance with law strictly on day-to-day basis within a period of six months. In case accused or witnesses are not cooperating in the trial, coercive measures shall be taken against them.
Let a copy of this order be sent to the court concerned for ensuring its compliance forthwith.
With the aforesaid observations, this application is finally disposed of.
Order Date :- 27.3.2018 MN/-