Court No. - 53
Case :- MATTERS UNDER ARTICLE 227 No. - 5869 of 2018 Petitioner :- Ram Charan Yadav Respondent :- Additional Chief Judicial Magistrate And Another Counsel for Petitioner :- D. Kumar. Misra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
The present application has been filed seeking a direction to decide Criminal Case No. 1083 of 2000, State vs. Ram Charan and others (arising out of NCR No. 63 of 1999), under Sections 427, 504 I.P.C. P.S. Harpur Budahar, District Gorakhpur, pending before the Additional Chief Judicial Magistrate-IInd Gorakhpur within a determinate period of time.
It is submitted by learned counsel for the petitioner that he is an accused and has a right to speedy trial. The N.C.R. out of which the present proceedings arise relates to the year 1999 and the case is pending since the year 2000. He is exposed to the inconvenience of a criminal prosecution for all these 18 years, proceedings of which are lingering on. The case is set down for trial but there is no headway.
Looking to the fact that the trial which involves petty and non cognizable offences is pending for 18 years, it is directed that the Magistrate shall now proceed with the trial and conclude the same within three months next, positively. In case, witnesses do not appear coercive processes shall be issued forthwith to secure their attendance.
Disposed of with the above orders.
Order Date :- 20.8.2018 BKM/-