Court No. - 52
Case :- APPLICATION U/S 482 No. - 6117 of 2018 Applicant :- Ram Fal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yatindra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that the applicant is accused in the present case in which charges were framed against him on 2.9.2014 under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act. It is stated that after lapse of two years, statement of PW 1 was recorded and his cross-examination is still continuing. It transpires from the order-sheet that the witnesses are not turning up and the trial is proceeding with snail's pace. It is further submitted that the applicant is languishing in jail for past three years.
Be that as it may, without expressing any opinion on the merits of the applicant's case, since the personal liberty of an individual is under jeopardy, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the courts below to decide the trial in S.T. No. 193 of 2014 (State vs.Yash Kumar and others) arising out of Case Crime No.112 of 2014 under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Samsabad,District Farrukhabad in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment. The trial court is further directed to take stern, strict and coercive measures to secure and procure presence of the witnesses before it, in case the witnesses are not cooperating and turning up in the trial.
Order Date :- 23.2.2018 MN/-