Court No. - 53
Case :- APPLICATION U/S 482 No. - 25152 of 2018 Applicant :- Jeeramati Devi Opposite Party :- State Of Up And Another Counsel for Applicant :- Omkar Nath Rai
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to expedite trial of Case No.2953 of 2010-State Vs. Jeeramati & Ors. (arising out of Case Crime No.276 of 2010), under Sections 419, 420, 467, 468, 471 IPC, PS Tarya Sujan, District Kushinagar expeditiously without granting any adjournments to the prosecution.
The applicant is the accused and has approached this Court seeking to expedite trial. It is a trite law that the accused has a right to a speedy trial guaranteed by Article 21 of the Constitution. In the present case the crime is one of the year 2010 and the case is also pending since that year.
A perusal of the order sheet shows that in the present case which is warrant case triable by Magistrate charges have not been framed. This indicates extreme laxity of the prosecution and somewhat on the part of the Trial Court also in dealing with the matter.
The Trial Court, under the circumstances, is directed to ensure the attendance of all the accused-those who are not appearing, by all coercive processes which shall be executed by the police without fail.
The SP, Kushinagar is directed to execute all processes issued in this regard by the Magistrate faithfully and strictly.
The Magistrate in all event shall frame charges within six weeks next from the date of receipt of a certified copy of this order and shall thereafter proceed with the trial expeditiously without granting any adjournment to either of the parties. The Trial Court shall conclude the trial as far as possible within a period of eight months next from the date of receipt of certified copy of this order provided there is some legal impediment.
The witnesses, if they do not appear on the first summons, shall have their attendance secured through immediate issue of coercive processes, and, once a witness appears he/she will not be discharged till his/her evidence is concluded.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.7.2018 Shahroz