Court No. - 53
Case :- APPLICATION U/S 482 No. - 19629 of 2018 Applicant :- Manoj Kumar Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nishant Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Nishant Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, the learned AGA for the State.
This application has been filed by the informant seeking a direction to the trial court to decide the case no. 1417/9 of 2007, State vs. Gopal Kishan and others, under Sections 498A, 323, 506 IPC and 3/4 of D.P. Act arising out of Case Crime No. 172 of 2007, P.S. Civil Lines, District Muzaffar Nagar pending before the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar within a specified period of time.
The submission of the learned counsel for the applicant is that the case is pending since the year 2007. Learned counsel for the applicant has taken this Court through the order sheet which shows that the cognizance of the case was taken by the Additional Chief Judicial Magistrate on 10.07.2007 and the charges were framed on 28.03.2011 and thereafter being a warrant trial though the case has been set down for hearing, a solitary witness PW-1 has been examined so far. It is submitted that the trial is proceeding at a tardy pace. The submission appears to be well founded.
Looking to the nature of the relief sought, notice is not required to be issued to the opposite party nos. 2 to 5. Under the circumstances, this application is disposed of with a direction to the trial court to expedite proceedings and conclude the trial within a period of six months positively in accordance with Section 309 Cr.P.C and in view of principle laid down in the recent judgment of 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.
It is made clear that, in case, the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring his presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 30.5.2018 Imroz