Court No. - 28
Case :- APPLICATION U/S 482 No. - 760 of 2019 Applicant :- Ram Autar Agarwal And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application has been filed by the applicants who were named in the charge sheet for a direction to the Chief Judicial Magistrate, Ghaziabad to conclude the trial of Case No.7050 of 2004 (State Vs. Ashok Kumar and others) expeditiously.
The contention of the learned counsel for the applicant is that all the applicants are government employees working in the office of the Commissioner of Commercial Tax, Ghaziabad who have been named in the charge sheet filed pursuant to an FIR. It is their contention that departmental enquiry was instituted against them in which all of them have been exonerated. It is further contended that due to pendency of this criminal case, their promotions and other service benefits are being denied to them. The matter is pending since 2004 and more than 14 years have elapsed and the pendency of the case before the trial court is violating their fundamental right of early trial and they are being deprived to their legitimate dues and rights under employment.
The Court has perused the order sheet, from which it appears that the accused have been present in the proceedings before the trial court. It has been contended that till date, even the charge has not been framed against the applicants.
In view of the facts and circumstances of the case, I deem it fit to direct the Chief Judicial Magistrate, Ghaziabad to proceed with the trial of Case No. 7050 of 2004 (State Vs. Ashok Kumar and others), expeditiously so that the trial can be concluded preferably within a period of two years.
The application stands disposed of.
Order Date :- 21.1.2019 sfa/ (Jayant Banerji, J)