Court No. - 53
Case :- APPLICATION U/S 482 No. - 33164 of 2018 Applicant :- Rahul And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Babloo Pant, learned counsel for the applicants and learned AGA appearing on behalf of State.
The application has been filed for a direction to the courts below the trial of the applicants in Criminal Case No. 10470 of 2011, State vs. Rahul and another, arising out of Case Crime No. 448 of 2011, under sections 392, 411 IPC, P.S. Sector-20 NOIDA, District Gautam Budh Nagar pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar within a period of time to be stipulated by the Court.
Looking to the fact that the applicants are the accused and charges have been framed, they have every right to a speedy trial, guaranteed under Article 21 of the Constitution.
In view of the circumstances, the trial court is directed to conclude the trial within a period of eight months positively in accordance with Section 309 Cr.P.C and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar Vs. State of Punjab reported in 2015(3) SCC 220, if there is no legal impediment.
It is made clear that, in case, the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring his presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 20.9.2018 Imroz