Court No. - 53
Case :- APPLICATION U/S 482 No. - 19961 of 2018 Applicant :- Smt. Beena Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjeev Kumar Mishra,Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rohit Nandan Pandey, learned counsel for the applicant and learned AGA for the State.
This application has been filed to expedite proceeding of Misc. Case No. 7701 of 2008 (CNR No. UPG7040001062008), under Sections 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, State vs. Brijkishor and others, within a stipulated period of time.
Learned counsel for the applicant has highlighted the fact that it is a matrimonial matter and is pending for the last 10 years.
It is a case which is triable as a warrant case by a Magistrate. The period of pendency is certainly long enough to raise an eyebrow. The court has been taken through the order sheet. Cognizance in this case was taken on 08.05.2018 when the accused was in jail and he appeared, summoned from jail. It is pointed out by the learned counsel for the applicant who is the first informant in the case that the case has been adjourned time and again on account of accused seeking adjournment or in one way or the other ensuring adjournment. The submission appears to be not entirely unfounded from what appears from the order sheet and the case appears to be set down for hearing but all prosecution witnesses have not come forth. It is noticed from one order dated 20.05.2016 that the file of the trial court was got summoned in connection with another application under Section 156(3) Cr.P.C. presumably by the accused, in order to delay trial and the original records remained with that court from 20.05.2016 to 05.10.2016. This shows dilatory tactics are being resorted to by the accused. The evidence of the prosecutrix has been recorded on 07.11.2016. It is not clear whether her cross-examination was also done but for the remainder of evidence it was adjourned to 12.12.2016.
The entire order sheet reflects every possible tactic being employed by the accused to get the trial adjourned. Under the circumstances, the trial court is directed to proceed with the trial now on a day to day basis and in case the accused do not appear the trial court shall cancel their bail and commit them to custody. The trial shall be concluded in all eventuality within a period of four months next.
With the aforesaid directions, the application is disposed of.
Order Date :- 31.5.2018 Imroz