Court No. - 66
Case :- APPLICATION U/S 482 No. - 29018 of 2019 Applicant :- Dilip Kumar Gautam Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Suresh Chandra Pandey, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Court below to expedite the trial of Session Trial No.32 of 2011 (State vs. Manoj Singh and another), under Sections 302, 394, 411, 201 I.P.C., P.S. Farah, District Mathura, pending in the Court of District and Sessions Judge, Mathura, within a stipulated period.
Submission of the learned counsel for the applicant is that the applicant is the first informant in the aforesaid murder case. It is contended that the statements of accused were recorded under Section 313 Cr.P.C. on 27.4.2016, thereafter, several dates were fixed for defence evidence and ultimately on 1.9.2018 the arguments in the trial took place. Since then, several dates have been fixed for remaining arguments as is evident from the certified copy of order-sheet. Even on 12.6.2019, the matter was posted for final hearing on 15.6.2019. Even after so many months arguments have not yet been concluded.
Be that as it may, considering the matter in which the learned trial Judge has been accommodating the parties and the argument is continuing for the past about a year is highly deplorable. The sessions trial is of the year 2011.
In the light of aforesaid, the trial Court is directed to expedite the aforesaid trial and conclude the same expeditiously strictly in accordance with law, preferably within a period of two months from the date of production of a certified copy of the order, if there is no legal impediment.
With the aforesaid observations, the present application under Section 482 Cr.P.C. application is finally disposed of.
Order Date :- 26.7.2019/ Vikas