Court No. - 53
Case :- APPLICATION U/S 482 No. - 19405 of 2018 Applicant :- Jitendra Alias Anil And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Ankit Singh, learned counsel for the applicants and learned AGA appearing on behalf of State.
This application has been filed with a prayer to expedite the hearing and to conclude the trial of Case Crime No. 61 of 2012 (State Vs. Jitendra @ Anil and Others) under sections 498-A, 323, 504 & 506 IPC and section 3/4 of Dowry Prohibition Act, Police Station - Rasoolabad, District - Ramabai Nagar (Kanpur Dehat) pending before the Judicial Magistrate - I, Kanpur Dehat within a stipulated period of time.
The applicants are the accused and they have every right to a speedy trial, guaranteed under Article 21 of the Constitution. The case is pending since the year 2012 and there is no reason as to why it should linger on once the accused is asking for its expeditious disposal.
In view of the circumstances, the trial court is directed to conclude the trial as expeditiously as possible preferably within a period of six months in accordance with Section 309 Cr.P.C and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar Vs. State of Punjab reported in 2015(3) SCC 220, if there is no legal impediment.
It is made clear that, in case, the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring his presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 29.5.2018 Amit Mishra