Court No. - 53
Case :- APPLICATION U/S 482 No. - 19651 of 2018 Applicant :- Kamal Singh Bhati Opposite Party :- State Of U.P. Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mayank, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA alongwith Sri Mayank Awasthi, appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to the learned Additional District & Sessions Judge/FTC, Court No.2, Gautam Budh Nagar to expedite and conclude the proceedings of ST No.359 of 2013 (State of UP Vs. Pratap & Ors.) arising out of Case Crime No.617 of 2012, under Sections 307, 302/149, 120B IPC, PS Kasana, District Gautam Budh Nagar pending in the Court of the learned Additional District & Sessions Judge/FTC, Court No.2, Gautam Budh Nagar within a determinate period of time.
The applicant is the first informant/complainant.
It is argued by the learned counsel for the applicant that the case was committed to the sessions on 16.07.2013 and charges were framed on 06.03.2014. Thereafter all prosecution witnesses have been examined and statement of the accused under Section 313 CrPC has been recorded and are over as per proceedings before the trial court on 26.11.2016. It is submitted that ever since the matter is lingering on at the instance of the accused for the mere asking hearing arguments/the address of arguments.
A perusal of the order sheet that has been annexed does bear out with the case that the matter is being adjourned for casual and flimsy reasons and all that remains to be done is address of arguments on both sides by learned counsel where trial has been completed with no witnesses left to be examined. This is not a very desirable state of affairs.
Whatever be the docket of pendency of the cases before the trial court concerned, it is directed that in all events the trial court will conclude proceedings of ST No.359 of 2013 (State of UP Vs. Pratap & Ors.) arising out of Case Crime No.617 of 2012, under Sections 307, 302/149, 120B IPC, PS Kasana, District Gautam Budh Nagar pending in the Court of the learned Additional District & Sessions Judge/FTC, Court No.2, Gautam Budh Nagar within a period of three months next positively.
Let a copy of this order be certified to the trial court concerned by the office forthwith.
With the aforesaid directions, this application is disposed of. Order Date :- 30.5.2018 Shahroz