Court No. - 53
Case :- APPLICATION U/S 482 No. - 14523 of 2018 Applicant :- Ravindra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Daga,Alok Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application filed under Section 482 Cr.P.C. on behalf of the accused in Sessions Trial No.712 of 2014, State of U.P. Vs. Ravindra Singh and others, under Sections 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Aurangabad, District Bulandshahr (arising out of case crime no.130 of 2014), where the prayer is to expedite trial with a direction to the trial court to conclude the same as early as possible preferably within 3 months.
It is submitted by learned counsel for the applicant that the trial is going on since 01.09.2014 before the Sessions Judge and all the prosecution witnesses have been examined, statement under Section 313 Cr.P.C. is being recorded. It appears that on account of an application seeking to summon some other accused under Section 319 Cr.P.C., the proceedings of trial are getting procrastinated for no fault of the accused.
A right to a speedy trial is a facet of the fundamental right guaranteed to an accused under Article 21 of the Constitution.
Looking to the circumstances that are on record, it is directed that the trial court, whatever proceeding is pending, shall dispose of the proceeding and conclude the trial within three months positively in accordance with the provisions of Section 309 Cr.P.C. In case any witness is remain to be examined, all coercive measure shall be issued to ensure their presence.
The application is, accordingly, disposed of with above directions.
Order Date :- 27.4.2018 Anoop