Court No. - 53
Case :- APPLICATION U/S 482 No. - 13818 of 2018 Applicant :- Balveer Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Shyamdhar Yadav, learned AGA appearing for the State.
This application has been filed seeking a direction to the learned court below to conclude proceedings of the trial after framing charges against the accused persons in S.T. No. 109 of 2016 'State vs. Virendra and others' (arising out of Case Crime No. 0840 of 2016) under Sections 147, 148, 149, 364, 323, 307, 302, 435, 394, 411 IPC P.S. Kotwali, District Mainpuri, pending before the Special Judge, (Dacoity), Mainpuri expeditiously preferably within a period of one year without giving any undue adjournment.
The submission is that sessions trial is pending since 2016 and it relates to a heinous offences including one under Section 302 IPC. Till date, the charges have not been framed.
A perusal of the order sheet shows that cognizance was taken on 17.10.2016 by the learned Special Judge, Dacoity Affected Areas but though all accused have been arrested and bailed out, the case is lingering on at the stage of framing of charge, a fact particularly evident from a perusal of the order sheet dated 18.04.2017, 10.05.2017, 15.07.2017, 05.09.2017, 08.09.2017, 28.09.2017, 01.08.2017, 10.08.2017, 27.08.2017, 18.10.2017, 03.11.2017, 07.12.2017, 23.02.2018 and 09.03.2018. This court is constrained to notice that many of the dates fixed for framing of charges in between the first two and the last two passed by when the court was vacant. However, orders dated 23.02.2018 and 09.03.2018 show that the court is functional but the matter is still lingering on at the stage of framing of charges. The order dated 23.02.2018 shows that the matter was adjourned because of the elections to the U.P. Bar Council.
Considering the aforesaid facts and circumstances, the Trial Court, that is to say, the learned Special Judge, Dacoity Affected Areas, Mainpuri shall proceed to frame charges positively on the next date fixed, and, thereafter will proceed with the trial and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order which shall be forwarded by the office to the trial court forthwith.
With the aforesaid orders, this Application stands disposed of. Order Date :- 24.4.2018 Deepak