Court No. - 53
Case :- APPLICATION U/S 482 No. - 19260 of 2018 Applicant :- Narsingh Prasad Chaurasiya Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Anand Kumar Tiwari, learned counsel for the applicant and Shri M.P. Singh Gaur, along with Shri Abhinav Tripathi, learned AGA for the State.
This application has been filed seeking a direction to the Additional Chief Judicial Magistrate - VII, Varanasi to conclude trial in Case No. 687 of 2017 (State Vs. Vishal Kumar and Others) arising out of Case Crime No. 166 of 2015 under section 306 IPC, Police Station - Adampur, District - Varanasi.
The applicant is the first informant. It is submitted that the trial court is lingering on since the year 2015. The learned counsel for the applicant has taken this Court through the order sheet which shows that the crime is of the year 2015 and after investigation, charge sheet has been filed where cognisance was taken on 21.06.2016.
It is pointed out that there are five accused of whom only one accused, Raju Pasi has appeared who has been granted bail and the four other accused are not appearing on account of which proceedings of the trial court are lying stalled. Even the charges on this account have not been framed so far.
The Additional Chief Judicial Magistrate - VII, Varanasi shall ensure attendance of the four other accused by issuing immediate coercive process against the said accused, which shall be executed by the Senior Superintendent of Police, Varanasi without fail. The SSP is directed to ensure execution of the process issued in the case by the trial court by all means to ensure attendance before the trial court. Thereafter the trial court will proceed with the matter expeditiously in accordance with law.
The application is disposed of with these orders.
Order Date :- 29.5.2018 Amit Mishra