Court No. - 73
Case :- APPLICATION U/S 482 No. - 26740 of 2021 Applicant :- Smt Radha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ram Kumar holding brief of Sri Garun Pal Singh, learned counsel for the applicant; Sri V.K. Maurya learned AGA for the State-respondent and perused the record.
The present application u/s 482 Cr.P.C. has been filed by the applicant with a prayer to expedite the proceeding of Sessions Trial No. 432 of 2013, State Vs. Omveer and others, under Sections 307, 323, 324, 325, 354 & 506 IPC, P.S. Highway, District Mathura, pending in the court of Additional Sessions Judge, Court No. 1, Mathura.
Learned counsel for the applicant contended that he is the complainant of the case and the present case is pending since 2013 in which on 22.8.2016, charges have already been framed and more than five years have been passed but inspite of that, only four witnesses of fact have been examined before the trial court and dates are being fixed for the testimony of formal witnesses, therefore, in view of Section 309 Cr.P.C., the proceeding of the case may be expedited.
Learned AGA stated that he has no objection if a direction may be given to the trial court to expedite the proceeding of the aforesaid case, in view of provisions of Section 309 Cr.P.C.
As the present case is of the year 2013 and more than 8 years have already been passed and witnesses of fact have already been examined, therefore, trial court is directed to expedite the trial of the present case, as expeditiously, as possible strictly under the provisions of Section 309 Cr.P.C. without granting any unnecessary adjournment from either of the parties.
In view thereof, the present application u/s 482 Cr.P.C. stands disposed of.
Order Date :- 20.12.2021 Ankita