Court No. - 53
Case :- APPLICATION U/S 482 No. - 13966 of 2018 Applicant :- Jitendra Kumar Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Ashutosh Diljan appearing for the State.
This application has been filed under Section 482 Cr.P.C. with a prayer to direct the learned Additional Chief Judicial Magistrate, Ghazipur to expedite the Criminal Case No.1517 of 2009 (State Vs. Jitendra Sharma) arising out of Crime No.572 of 2008, under Section 3/25 Arms Act, PS Baresar, District Ghazipur within stipulated period.
The crime is one which relates to the year 2008 and the case on its basis was filed in the year 2009; a period of about 9 years has elapsed. The applicant is the accused in the said case and is facing trial. The right to speedy trial is a right guaranteed under Article 21 of the Constitution and a case for an offence like Section 3/25 Arms Act where all witnesses are official witnesses should not have lingered on.
Looking to the aforesaid facts the trial court is directed to conclude the proceedings of Criminal Case No.1517 of 2009 (State Vs. Jitendra Sharma) arising out of Crime No.572 of 2008, under Section 3/25 Arms Act, PS Baresar, District Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur within three months of receipt of certified copy of this order.
In case witnesses do not appear, immediate coercive processes shall be issued against them to secure their attendance and once a witness appears he/she will not be discharged until his/her evidence is over.
The SSP, Ghazipur shall ensure the presence of those witnesses in case who are policemen on the dates fixed by the court positively.
With the above directions this application is, accordingly disposed of.
The office shall communicate a copy of this order to the learned Chief Judicial Magistrate, Ghazipur forthwith.
A copy of this order forwarded to the SSP, Ghazipur forthwith by the office for compliance.
Order Date :- 24.4.2018 Shahroz