Court No. - 66
Case :- APPLICATION U/S 482 No. - 28678 of 2019 Applicant :- Ram Narayan Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to direct the court below to expedite the Special Trial No.576 of 2016 (State vs. Virendra Nishad), arising out of Case Crime No.254 of 2016, under Section 302 I.P.C. and 3(ii)(v) SC/ST Act, P.S. Khorabar, District Gorakhpur, pending in the court of Special Judge SC/ST Act, Gorakhpur within a stipulated period.
It is contended by learned counsel for the applicant that the applicant is the first informant in the aforesaid murder case in which F.I.R. was lodged on 2.4.2016 and the charge-sheet was submitted in the same year and the case was committed to the court of sessions. The main grievance of the applicant is that till date charges have not even been framed against the accused as is evidence from the order-sheet.
I may record that on account of adjournments being sought by the accused, the trial is lingering on for the past three years. It is a very sorry and sordid state of affairs in which the learned Special Judge SC/ST Act, Gorakhpur is proceeding with the trial and has not made any effort by issuing coercive steps for securing the attendance of the accused on account which charges could not be framed till date.
In the light of aforesaid, the learned trial Court concerned is directed to adopt all stern action for securing attendance of the accused and frame charges within one month. In case, any of the accused is not turning up, he shall be at liberty to cancel his bail and take him into custody and also expedite the aforesaid trial and conclude the same as expeditiously as possible on day to day basis in consonance with the provision of Section 309 Cr.P.C. strictly in accordance with law, preferably within a period of nine months thereafter from the date of production of a certified copy of the order.
With the aforesaid observations, the application is finally disposed of.
Order Date :- 25.7.2019/ Vikas