Correction application filed today by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant.
After considering the contents of the affidavit filed in support of the application, application is allowed.
Learned counsel for the applicant is permitted to make necessary correction in the petition during the course of the day.
Order Date :- 17.12.2019 VKS Court No. - 11 Case :- U/S 482/378/407 No. - 8731 of 2019 Applicant :- Prithivi Raj Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Sajjad Husain,Rafiuddin Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application has been filed seeking a direction to Sessions Judge, Balrampur to decide S.T. No. 58 of 2019 arising out of F.I.R. No. 246 of 2019, under Section 376 I.P.C., P.S. Kotwali Nagar, District Balrampur, within a stipulated period to be fixed by this Court.
It has been submitted by the learned counsel for the applicant that after due investigation in F.I.R. No. 246 of 2019 (supra), charge sheet was filed by the Investigating Officer against respondent no. 2. He has further submitted that since respondent no. 2 is associated with one officer, who is working in the civil court, as a result, the witness is not being examined. On 17th October, 2019, charge was framed and the witness was summoned, in pursuance to which, the witness was present in the court on 24th August, 2019, but on the said date, adjournment was sought by the DGC (Criminal). Thereafter, on 28th November, 2019, the witness was again present, but the evidence could not be recorded. Order sheet is appended as Annexure Nos. 5 and 6 to the application. It is, thus, prayed that a direction may be issued to the trial court for concluding the trial within a reasonable period.
Learned A.G.A. has no objection if a direction is issued for expeditious disposal of the matter.
Considering the arguments advanced by the learned counsel for the parties and going through the record, notice on respondent no. 2 is dispensed with.
It is evident from the record that the F.I.R. No. 246 of 2019 (supra) was lodged by the applicant with the allegation that his daughter was molested by respondent no. 2, in which charge sheet was filed by the Investigating Officer. Thereafter, the court below has taken cognizance and the case was committed. Thereafter, charge was also framed. It is also evident that the witness is appearing before the court, but his evidence could not be recorded by the trial court as yet.
Accordingly, trial court is directed to conclude the trial expeditiously, preferably within a period of one year.
District Magistrate, Balrampur shall ensure that no unnecessary adjournment be sought by the prosecution/DGC (Criminal). Superintendent of Police, Balrampur as well as Director (Prosecution) are also directed to ensure the presence of the witnesses for expeditious disposal of the trial.
The application is, accordingly, disposed of.
Order Date :- 17.12.2019 VKS