Court No. - 53
Case :- APPLICATION U/S 482 No. - 17964 of 2018 Applicant :- Pratap And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kashif Gilani Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kashif Gilani, learned counsel for the applicants and Sri Sudhir Kumar Pathak, learned AGA alongwith Sri Kulveer Singh, appearing for the State.
This application has been filed under Section 482 CrPC with a prayer to direct the Fast Track Court No.1, Baghpat to conclude ST No.414 of 2006, under Sections 147, 148, 149, 307, 302 IPC, PS Baghpat, District Baghpat within a stipulated period of time.
The submission of the learned counsel for the applicants is that the applicants are accused and are facing trial since the year 2006. The accused have a right to speedy trial guaranteed by Article 21 of the Constitution of India.
It is pointed out that in this case proceedings are lingering on. Proceedings are going on at a tardy pace. All witnesses in the case, prosecution and defence, have been examined and the case is fixed for address of arguments.
It is prima facie exceptionable that at the stage of address of arguments the case is being lingered on for no good reason nor can there be any reason unless there be some stay order by a Superior Court, to linger on proceedings at this turn of the trial.
Under the facts and circumstances it is directed that the trial court shall proceed with and conclude the trial within a period of three months next positively in accordance with law.
The application is, accordingly, disposed of with above directions.
Order Date :- 28.5.2018 Shahroz