Court No. - 53
Case :- APPLICATION U/S 482 No. - 19267 of 2018 Applicant :- Mohammad Idrish Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Satyam Narayan, learned counsel for the applicant and Shri Nitin Kesharwani, learned AGA for the State.
This application has been filed seeking to expedite proceedings of Case No. 3521 of 2014 arising out of Case Crime No. 296 of 2010 (State Vs. Shahid and others) under sections 364, 323, 504, 506, 420, 467, 468, 471 IPC, Police Station - Lisarigate, District - Meerut pending before the Additional Chief Judicial Magistrate, Court No. 6, Meerut within a stipulated period of time.
The applicant is the first informant. This court has been taken through the order sheet. It appears that for some time the proceedings of the case were stayed as stated by the learned counsel for the applicant, but that stay was vacated and the proceedings resumed and the trial court has issued bailable warrants, but the accused are not appearing in the matter on account of which the trial is lingering on. A perusal of the order sheet dated 17.10.2017 to 06.03.2018 shows that bailable warrants have been issued repeatedly, but the accused are not appearing.
The trial court is directed to issue immediate coercive process to ensure attendance of the accused and after the accused appear, to proceed with the trial expeditiously 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 :- 29.5.2018 Amit Mishra