Court No. - 53
Case :- APPLICATION U/S 482 No. - 34135 of 2018 Applicant :- Rajendar Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The applicant is the accused in Case No. 5457 of 2010 arising out of Case Crime No. 45 of 2010, under Sections 323,452, 504, 506 I.P.C., pending in the Court of Chief Judicial Magistrate, Gautam Buddh Nagar.
The submission of the learned counsel for the applicant is that the applicant being the accused has a right to a speedy trial guaranteed by Article 21 of the Constitution. The crime is of the year 2010 and so is the case. Charges have been framed on 28.11.2018 and the matter is now fixed for final hearing. However, no witness for the prosecution are appearing in consequence of which the applicant is being prejudiced due to pendency of the trial.
Looking to the said facts, it is directed that the Trial Court shall now proceed with the trial expeditiously and endeavour to conclude the same within a period of eight months next. In case, witnesses do not appear, immediate coercive processes shall be issued which shall be caused to be executed by the S.S.P. Gautam Buddh Nagar, who will ensure the presence of the witnesses on each date fixed before the trial court in accordance with the processes issued, including witnesses from the police.
Disposed of with the above orders.
Order Date :- 25.9.2018 BKM/-