Court No. - 67
Case :- APPLICATION U/S 482 No. - 3143 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akhilesh Kumar Mishra,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
By means of the present 482 Cr.P.C. application, the prayer sought by the applicant is to quash the entire proceedings of Complaint case no.20 of 2016(Rajwala vs. Jitendra and others) under Sections 376 IPC and Section 3/4 POCSO Act, Police Station-Heempur, District-Bijnor pending in the court of learned Additional District and Sessions Judge/F.T.C. Court No.1 as well as to quash the order dated 16.02.2018 passed bin aforesaid complaint case by which learned Additional District and Sessions Judge/F.T.C. Court No.1(POCSO Act), Bijnor summoned the applicant for facing the trial.
The contention advanced by learned counsel for the applicant is that the present case is a counter blast to the earlier earlier proceedings initiated by the applicant against opposite party no.2.
I have gone through the statements of the witnesses recorded under Sections 200 and 202 Cr.P.C. and the medical report and I do not find any good reason to interfere in the present case.
Considering the entire facts and circumstances of the case and the arguments advanced, this Court is of the opinion that since learned counsel for the applicant has already given up that he does not want to press the case on merit, in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of with the direction that if the applicant surrenders within 30 days from today and applies for bail, his bail application shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another
Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-
"….......Judicial service as well as legal service are not like any other services. They are missions for serving the society. The mission is not achieved if the litigant who is waiting in the queue does not get his turn for a long time" "Decision of cases of under-trials in
custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial; vested interests or unscrupulous elements try to delay the proceedings"....... "In spite of all odds, determined efforts are required at every level for success of the mission"..... "The Presiding Officer of a court cannot rest in a state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases."
To satiate speedy disposal of the cases, the courts below are issued following directions in accordance with the observations made in the case of Hussain and another (Supra):
(i) Bail applications be disposed of normally within one week :
(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years.
(iii) ;
(iv) "
The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.
For the period of 30 days from today, no coercive action shall be taken against the applicant in the aforementioned case.
It is made clear that no time extension application would be entertained for extending the period of 30 days.
The ratio mentioned above is the last word for every judicial officers for abiding with the directions of the Hon'ble Apex Court. In the aforesaid scenario, it would be pertinent to refer the case of Brahm Singh and others Vs. State of U.P. and
others decided on 08.07.2016 in Criminal Misc. Writ Petition No.15609 of 2016 whereby co-ordinate Bench of this Court, while taking into account the concerns of most of the counsels with regard to the long pending bail applications at lower courts' stage has expressed their anguish and concern.
In the aforesaid backdrop, learned Sessions Judge/the concerned Trial Judge is directed to ensure that the guidelines given in the case of Hussain and another (supra) as well as in Brahm Singh and others(Supra) has to be carried out in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions.
In the event, the bail application is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order sheet of such cases.
With the aforesaid observations, the present 482 Cr.P.C. application stands disposed of.
Order Date :- 29.1.2019 Sumit S