Court No. - 66
Case :- APPLICATION U/S 482 No. - 28607 of 2019 Applicant :- Natthu Singh Opposite Party :- State Of U.P. And 10 Others Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Court below to expedite the Session Trial No.252 of 2018 (State vs. Govind and others), arising out of Case Crime No.160 of 2018, under Sections 147, 148, 149, 302, 342, 506 I.P.C., P.S. Shahjad Nagar, District Rampur, pending in the Court of Additional Session Judge, Court No.4/Special Court, Rampur, within a stipulated period.
Submission of the learned counsel for the applicant is that the applicant is the first informant in the aforesaid sessions trial. It is submitted that the deceased in the present case had lodged a first information report against some of the accused arrayed as opposite parties in which they were convicted. He further points out that examination-in-chief of the deceased was being recorded in the earlier case and he was being pressurized not to give his evidence and he was brutally murdered. The grievance of the applicant is that now the accused in the present case are extending threats for compromise in the aforesaid sessions trial. Therefore, a direction may be given to the trial court to expedite the aforesaid trial within a stipulated period.
In the peculiar facts and circumstances of the case, without calling for counter affidavit from opposite party no.2, I propose to decide the matter with the assistance of learned A.G.A.
Considering the facts and circumstances of the case, the trial court is directed to expedite the aforesaid trial and conclude the same as expeditiously as possible without granting unnecessary adjournments to either of the parties on day to day basis in consonance with the provisions of Section 309 Cr.P.C. strictly in accordance with law preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
With the aforesaid observations/directions the present application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 25.7.2019 Vikas