Court No. - 53
Case :- APPLICATION U/S 482 No. - 17588 of 2018 Applicant :- Jahida Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Bhushan Tiwari, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA alongwith Sri Avaneesh Shukla, learned Standing Court appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to the court below to expedite and conclude the trial in ST No.930 of 2015 (arising out of Case Crime No.19 of 2015), under Sections 147, 148, 149, 302, 34 IPC and Section 7 of Criminal Law (Amendment) Act, PS GRP, District Muzaffar Nagar.
The trial is relatively young and the sessions trial is one of the year 2015 and generally it would be too soon to expedite proceedings of the said trial.
Learned counsel for the applicant, however, impressed upon the Court that the victim of the present crime leading to the present sessions trial was one Asif and Yaseen was a witness. Pending trial Yaseen who is an ex-husband of the applicant was shot dead on 20.04.2017 giving rise to Case Crime No.775 of 2017, under Section 302 IPC, a copy of which is annexed a Annexure- 2 to the affidavit. It is submitted that the accused are very well connected persons with strong criminal propensities and are continuously threatening witnesses; one has even been eliminated. It is this reason why a prayer has been made to direct the trial court to conclude proceedings, if possible, within a period of four months.
Learned AGA has been heard in opposition.
Looking to the facts and circumstances of the case, it is directed that the trial court will proceed with the trial of this case on a day to day basis and endeavour to conclude the same within a period of six months next. During this period of time in case any witness at the trial applies for provision of State Security the same shall be provided by the learned Trial Judge by the orders addressed to the SSP concerned which will be complied with immediately.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 29.5.2018/Shahroz