Court No. - 46
Case :- APPLICATION U/S 482 No. - 1168 of 2019 Applicant :- Raj Abrol Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Gupta 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 the learned Addl. Chief Judicial Magistrate-II Gautam Budh Nagar to decide the Case No 3711 of 2016 (State versus Sanjay Khanna & others) arising out of Case Crime No. 778 of 2015 under section 420/467/468/471/120B IPC Police Station Kasna District Gautam Budh Nagar within stipulated period.
It is submitted by the learned counsel for the applicant that the informant/applicant lodged a first information report naming six persons. After registration of the first information report, the investigating officer swung into action and submitted charge sheet only against Atul Aabrol on 2.12.2016. The court below took cognizance of the matter. The trial is proceeding with snail's pace and the accused persons 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 persons are dilating the proceedings on either pretext with an oblique design of frustrating the ends of justice 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. It is the human life which necessitates human rights. Speedy trial is the quintessence to ensure for every citizen a reasonably dignified life. The court concern is also under obligation to proceed with the matter with utmost expedition.
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