Court No. - 53
Case :- APPLICATION U/S 482 No. - 19272 of 2018 Applicant :- Atul Tyagi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Ravindra Pratap Singh, learned counsel for the applicant and Shri Sudhir Kumar, learned AGA for the State.
This application has been filed seeking a direction to the Additional Chief Judicial Magistrate - VI, Ghaziabad to decide the applicants' discharge application in a Case No. 3374 of 2014 (State Vs. Atul and Others) arising out of Case Crime No. 493 of 2014 under sections 279, 332, 353, 504, 506 IPC, Police Station - Murad Nagar, District - Ghaziabad pending since 03.04.2015.
The applicants are the accused and have a right to speedy trial. The right to speedy trial postulates expeditious movement at every step which includes bail, discharge and all other proceedings necessarily to the trial and not only the trial itself. A discharge application ought not to have been pending for so long.
The Magistrate concerned is directed to decide the pending discharge application dated 03.04.2015 within 15 days of the receipt of a certified copy of the order of this Court, which shall be communicated to the Magistrate concerned through the Chief Judicial Magistrate, Ghaziabad by the Office.
The application is disposed of.
Order Date :- 29.5.2018 Amit Mishra