Court No. - 79
Case :- APPLICATION U/S 482 No. - 27085 of 2021 Applicant :- Rashid Opposite Party :- State of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for a direction to the Court below to expedite the proceeding of Sessions Trial No. 129/2012 (State Vs. Ashfaq and others), under Sections 147, 148, 149, 302, 307 IPC, Police Station Kotwali Hathras, District Hathras, pending in the Court of Additional District and Sessions Judge, Court No. 1, Hathras, within stipulated period.
Learned counsel for the applicant submitted that the applicant is complainant/informant in the present proceeding. The incident was taken place on 8.11.2011 and the FIR in question was lodged as Case Crime No. 599 of 2021, under Sections 148, 148, 149, 302, 307 I.P.C., P.S. Kotwali Hathras, District Hathras. After investigation, charge-sheet was filed against five persons and cognizance was taken by the Court below and after committal the case was registered as S.T. No. 129 of 2012 (State Vs. Ashfaq and others) and charges were framed. He further submitted that in most of the times, witnesses are not appearing and the adjournments is being taken by the State with collusion of accused persons. He further submitted that threat was also given by the accused persons to the applicant and it was reported to the Trial Court, therefore, kind indulgence of this Court is necessary to issue a direction for expeditious disposal of the trial.
Learned A.G.A. has no objection, in case the direction is given to Court below to expedite the trial.
Considering the argument of learned counsel for the applicant as well as A.G.A. and going through the order-sheet of the case in question, the concerned Trial Court is directed to conclude the trial of Sessions Trial No. 129/2012 (State Vs. Ashfaq and others), under Sections 147, 148, 149, 302, 307 IPC, Police Station Kotwali Hathras, District Hathras, pending in the Court of Additional District and Sessions Judge, Court No. 1, Hathras, expeditiously, preferably within a period of one year from today, without giving unnecessary adjournment to either of the parties.
The Superintendent of Police, Hathras and Joint Direction, Prosecution, Hathras are directed to ensure the presence of witnesses etc. for necessary examination.
Office is directed to communicate this order to concerned Trial Judge, Superintendent of Police, Hathras and the Joint Director, Prosecution forthwith.
Order Date :- 20.12.2021 Shafique