Court No. - 53
Case :- APPLICATION U/S 482 No. - 29052 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicant is permitted to correct the description of the case at the head of the application and elsewhere wherever required during the course of the day, of course without touching the affidavit.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking a prayer to direct the Additional Chief Judicial Magistrate 3rd, Shahjahanpur to decide the Case no.2089 of 2016, State vs. Balram and others, under Sections 379, 427 IPC, Police Station Kanth, District Shahjahanpur within stipulated period of time as fixed by this Court.
Learned counsel for the applicant states that the charge sheet was filed in the case on 02.08.2001 and, though the case is triable as warrant case, charges have not been framed. The applicant has been appearing regularly. The applicant is an accused, who has a right to speedy trial guaranteed under Article 21 of the Constitution.
Considering the aforesaid facts and circumstances, the Trial Court is directed to frame charges, if not already framed against the applicant, subject to his right to seek discharge, within one month of receipt of this order, and, thereafter, proceed with the trial and conclude the same within six months next.
In case the other co-accused are not appearing, the trial relating to the applicant shall be separated and proceeded with as directed hereinabove, whereas steps shall be taken to secure the attendance of the other accused in the separated proceedings by issuing appropriate coercive processes.
This application stands disposed of with above orders.
Order Date :- 23.8.2018 Anoop