Court No. - 72
Case :- APPLICATION U/S 482 No. - 15848 of 2019 Applicant :- Gajendra Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to decide/dispose of the Session Trial No.823 of 2017 (State Vs. Pankaj), under Sections- 363, 302, 201, 394, 411 I.P.C., Police Station- Koshikala, District- Mathura, pending in the court of Session Judge, Mathura.
3. Learned counsel for the applicant submits that the case involved a brutal murder of the 13 year old boy. There is a single accused against whom charges were framed on 11.01.2018. However, the trial has not proceeded even one step thereafter and no evidence has been recorded. Perusal of the order sheet indicates that the proceedings have remained pending for various reasons including application moved on behalf of the prosecution. At the same time, the applicant appears to have received some threats to withdraw from the prosecution.
4. Without making any observations as to the facts pleaded with respect to threat etc, it is expected that the learned court below may keep in mind a time schedule according to which the trial may proceed in a time bound manner. Rough adherence to such schedule may ensure timely and expeditious disposal of the same. It is a matter of common knowledge that if evidence is not led for a substantial period of time, the fate of the trial itself may get altered on account of such delay during which period either the witness may lose interest or may succumb to pressure and other circumstances that may arise with passage of time.
5. Thus, the present application is disposed of with the observations that the learned court below may seek to conclude the trial as expeditiously as possible. Also, in the event of applicant being aggrieved with respect to threat being issued, it shall remain open to him to move a proper application before the learned court below, which application if filed may be considered on its own merits.
Order Date :- 25.4.2019 S.Chaurasia