Court No. - 53
Case :- APPLICATION U/S 482 No. - 13839 of 2018 Applicant :- Smt. Kriti Agrawal Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The applicant who is the complainant of Case Crime No. 99 of 2017 under Sections 376D, 506 IPC, P.S. Gandhi Park, District Aligarh has approached this Court with a prayer that pending S.T. No. 638 of 2017 State vs. Prashant Saraswat and others under Section 376D, 506 IPC P.S. Gandhi Park, District Aligarh be decided expeditiously in accordance with provisions of Section 309(1) C.P.C.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant and Sri Shyamdhar Yadav, learned AGA along with Abhinav Tripathi, learned counsel for the State.
Learned AGA has pointed out that the applicant who is a prosecution witness of the case is not appearing in the case and against him a bailable warrant has been issued on 22.01.2018 but on the one hand, on various dates, he is not appearing to depose in court and on the other he has come forward seeking expeditious disposal of the trial. To this learned counsel for the applicant has pointed out that he has been threatened by opposite party nos. 2 and 3 who are the accused in the trial of dire consequences, in case, he appeared in court and supported the prosecution story. He is being threatened, asked to withdraw from prosecution of the case and turn hostile.
The phenomenon of witnesses going hostile under threat extended by the accused is a malaise that is common place these days. It is reflective of a contemporary psyche where the citizens have no fear of the law and that needs to be curbed with an iron hand.
Looking to the circumstances, the SSP, Aligarh is directed to provide adequate security to the applicant as he deems fit to protect his life and limb that would enable the applicant to depose before the court in pending S.T. No. 638 of 2017.
The SSP, Aligarh will take requisite action in the matter within a week and extend requisite security cover. The applicant will appear before the trial court as soon as security becomes available to him and trial court will record her evidence and that of other prosecution witnesses on a day to day basis. The trial court is directed to conclude the trial as expeditiously as possible preferably within a period of six months from the date that the applicant appears and testifies.
In case, of any further security concerns, the same will be brought to the notice of the trial Judge who will pass appropriate orders directing the SSP, Aligarh to take measures that would ensure the safety of the applicant and other witnesses appearing in the case.
With the aforesaid orders, this application stands disposed of.
Let a copy of this order be issued forthwith to the learned AGA for information and compliance.
Order Date :- 24.4.2018 Deepak