Court No. - 53
Case :- APPLICATION U/S 482 No. - 25155 of 2018 Applicant :- Praveen Bakshi Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to the Chief Judicial Magistrate, Ghaziabad to decide Case No.14577 of 2016-State Vs. Phoola Devi & Anr. (arsing out of Case Crime No.1758 of 2015), under Sections 406, 420, 506 IPC, PS Sahibabad, District Ghaziabad within a stipulated period of time.
The crime is of the year 2015 and the case is one of the year 2016. It is a case triable as a warrant case by Magistrate.
It is submitted that so far charges have not been framed and an application made on behalf of one of the accused seeking discharge has been rejected under Section 239 CrPC on 24.04.2018. This Court has been taken through the order sheet of the case and it does indicate that the trial is proceeding at a tardy pace.
Looking to the facts, in particular, that a charge has yet not been framed, the Magistrate is directed to frame charges within one month next positively from the date of receipt of certified copy of this order and shall thereafter proceed with the trial in accordance with law without granting any adjournment to either of the parties, summoning witnesses and if they do not appear, by issue of requisite coercive process that would be strictly enforced by the police. The Magistrate shall endeavour to conclude the trial as far as possible within a period of one year next from the date of receipt of certified copy of this order, unless there be any legal impediment.
With the above orders, this application is disposed of.
Order Date :- 26.7.2018 Shahroz