Case :- APPLICATION U/S 482 No. - 19453 of 2018 Applicant :- Naveen And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Chandra Bhan Dubey, learned counsel for the applicant and Shri Sudhir Kumar Pathak, learned AGA for the State.
This application has been filed seeking a direction to the Additional Chief Judicial Magistrate - III, Gautam Budh Nagar to expedite and conclude the trial in Case No. 1401 of 2011 (State Vs. Srikant Tyagi and Others) arising out of Case Crime No. 372 of 2009 under sections 147, 336, 427, 504 IPC and section 7 Criminal Law Amendment Act, Police Station - Phase - 2, NOIDA, Gautam Budh Nagar within a stipulated period of time.
The applicants are the accused. The right to speedy trial is a fundamental right guaranteed to the accused by dint of Article 21 of the Constitution of India. Learned counsel for the applicants has taken this Court through the order sheet which shows that cognisance of the case was taken on 27.01.2010 and the case has been set down for trial and prosecution evidence is to be recorded, but the matter is being casually adjourned. It has travelled 8 years from the date the cognizance was taken without any substantial hearing.
Looking to the fact, the trial court is directed to enforce the attendance of the witnesses by issuing immediate coercive process and once a witness appears, he / she will not be discharge till his/her evidence is over. The trial court shall endeavour to conclude the trial expeditiously, as far as possible within a period of 8 months next from the date of receipt of certified copy of this order 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 measures for ensuring them presence.
necessary compliance.
Order Date :- 29.5.2018 Amit Mishra