Court No. - 52
Case :- APPLICATION U/S 482 No. - 6751 of 2018 Applicant :- Mithlesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Upendra Upadhyay, learned counsel for the applicants, learned AGA for the State and perused the record.
It is urged by learned counsel for the applicants that the applicants are facing trial for the offence under Sections 376-D, 120-B IPC & 3(2)(V) of SC/ST Act, P.S. Aliganj District Etah, pending in the Court of Special Judge, SC/ST Act, District Etah being S.S.T. No.103 of 2016 (State Vs. Mithlesh and another). It is argued that applicant no.1 is a lady and both of them are languishing in jail. It is stated that the charges against the applicants were framed by the trial Court on 14.7.2017. Thereafter twelve dates have been fixed and despite issuance of bailable warrants against the witnesses no witness has turned up for adducing their evidence, on account of which the applicants are suffering great hardship. Learned AGA has also stated that the submission made by learned counsel for the applicants is correct.
In view of the aforesaid, learned Special Judge, SC/ST Act, District Etah is hereby directed to adopt all possible stern coercive measures against the witnesses to procure their attendance so that the trial is expedited and reached its logical conclusion. The examination-in-chief of P.W. 1 was recorded on 30.11.2017 and the non bailable warrants were cancelled but however, again she did not turn up on 9.11.2017, 20.11.2017 and 4.12.2017.
Be that as it may, the trial Court is directed to conclude the aforesaid trial within a period of nine months from the date of production of a certified copy of the order after giving full opportunity to both the concerned parties without granting unnecessary adjournment to either of the parties strictly in accordance with law, if there is no other legal impediment.
With the aforesaid observations, the instant application is disposed of.
Order Date :- 28.2.2018/Hasnain