Court No. - 46
Case :- APPLICATION U/S 482 No. - 1582 of 2019 Applicant :- Raghubeer Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and the learned AGA and have taken through the record.
By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to direct learned Additional District Jufdge Court No.6 Kanpur Dehat to decide the Session Trial No 163 of 2013 (State versus Jai Singh & others) arising out of Case Crime No. 317 of 2012 under section 364 IPC Police Station Shivali District Kanpur Dehat within stipulated period.
It is submitted by the learned counsel for the applicant that the informant/applicant lodged a first information report against the named accused persons on 4.12.2012 vide Case Crime No. 317 of 2012 under section 364 IPC Police Station Shivali District Kanpur Dehat. After registration of the first information report, the investigating officer swung into action and recorded the statement of the informant (applicant) and the witnesses. The investigating officer after collecting credible and clinching material submitted the charge sheet against Jai Singh, Phool Singh, Gajendra Singh , Ajay Singh. The court below took cognizance against the charge sheeted accused persons. The charges were framed against them and the trial court proceeded with the case but till date trial has not concluded. The trial is proceeding with snail's pace and the accused persons in association with mal-factors are constantly extending threats to the life and property of the applicant. The applicant has imminent apprehension that any unexpected incident can take place at any moment. The applicant is appearing on each and every date and the accused-respondents are dilating the proceedings by either pretext hence the court below may be directed to conclude the trial within the shortest possible time as directed by this Hon'ble Court.
Per contra learned AGA contended that the main aim of right to speedy trial is to inculcate justice in the society. The trial cannot be protracted on the flimsy and perfunctory ground of seeking adjournment time and again. It is the human life which necessitates human rights. Speedy trial is the quintessence to ensure for every citizen a reasonably dignified life which cannot be denied.
Regard being had to the facts and circumstances of the case, it is provided that the court below shall make constant endeavour to proceed with the case on the doctrine of de die in diem and will reach at logical conclusion within six months from the date a certified copy of this order is presented before the court below.
The application u/s 482 Cr.P.C. is disposed of as above.
Order Date :- 29.1.2019 Rk