Court No. - 53
Case :- APPLICATION U/S 482 No. - 24836 of 2018 Applicant :- Mahesh Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jalaj Singh,Sahat Bahadur Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing on behalf of the State.
The applicants are accused in Case No.96 of 2008-State Vs. Malika Hussain & Ors. pending before the Court of learned Special Judge, Gangster Act/Additional District & Sessions Judge, Allahabad (arising out of Case Crime No.134 of 2007), under Sections 467, 468, 469, 419, 420 IPC and Section 3/4 Gangster Act, PS Shahganj, District Allahabad.
It is submitted that the applicants are accused in the said case and it is a crime of the year 2007 and the case is pending since the year 2008.
A perusal of the order sheet shows that the case is set down for trial and prosecution witnesses are being examined. However, the fact that the trial is continuing for a period about 10 years by now where the applicants are the accused does prima facie infringe their right to speedy trial which every accused has by virtue of Article 21 of the Constitution.
The Court has perused the order sheet and is fortified in the view taken above going by that record. Certified copy of the order sheet filed by the learned counsel for the applicants is being taken on record.
Looking to the aforesaid facts and circumstances of the case, learned Special Judge is directed to expedite proceedings of Case No.96 of 2008- State Vs. Malika Hussain & Ors. and endeavour to conclude the same as far as possible within a period of six months next in accordance with the provisions of Section 309 CrPC and in view of the principle laid down in the recent judgment of the 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.
The witnesses, if they do not appear on the first summons, shall have their attendance secured through immediate issue of coercive processes, and, once a witness appears he/she will not be discharged till his/her evidence is concluded.
With the aforesaid orders, this application is finally disposed of. Order Date :- 30.7.2018 Shahroz