Court No. - 70
Case :- APPLICATION U/S 482 No. - 3848 of 2019 Applicant :- Mahesh And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
This application under Section 482 Cr.P.C. has been filed by the applicants (who are accused of the case) for concluding the trial of Criminal Case No. 417 of 2017 (State Vs. Mahesh and others) arising out of Case Crime No. 127 of 2010, under Sections 427, 323, 504 and 506 I.P.C., PS Refinery, District- Mathura pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Mathura within stipulated period.
It has been pointed out by learned counsel for the applicants that earlier the applicants have filed Criminal Misc. Application under Section 482 Cr.P.C. No. 10014 of 2018 for issuing a direction to the Court below to decide the case expeditiously. The said application was disposed of by this Court by order dated 28.03.2018 which is reproduced herein as under:-
"Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that trial in the present matter is pending since 2010.
Be that as it may, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the courts below to decide and conclude the trial of Criminal Case No. 417 of 2017 (State vs. Mahesh and others) arising out of Case Crime No127 of 2010 under Sections 427, 323, 504 and 506 I.P.C., Police Station Refinery, District Mathura in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of nine months from the date of production of a certified copy of this order, if there is no legal impediment."
It is next submitted that the order dated 28.03.2018 was submitted by the applicants before the trial court on 03.04.2018, as it is evident from the order sheet of the case appended as Annexure No. 8 to the application. It is next submitted that 17.11.2017 was the date fixed for recording the statement under Section 313 Cr.P.C. of the applicants/accused but on that date an application under Section 216 Cr.P.C. was moved by the opposite party no. 2, therefore, the statement under Section 313 Cr.P.C. of the applicants could not be recorded till date. Lastly it is submitted that despite specific direction of this Court in the order dated 28.03.2018, the case is not being decided and is being lingered on one or other grounds.
After hearing the arguments of the parties, this Court feel that if the facts so stated by the applicants as indicated above are correct, then it is a very serious matter that delay is being caused on behalf of prosecution.
In view of above, the trial court is directed to conclude the trial of the applicants positively within a period of three months from the date of production of certified copy of this order without granting any adjournment to the parties concerned. It is further directed that on the next date fixed trial court will record the statement under Section 313 Cr.P.C. of the applicants, if there is no legal impediment.
With the above observations, this application is finally disposed of.
Order Date :- 29.1.2019 AKT