Court No. - 53
Case :- APPLICATION U/S 482 No. - 33727 of 2018 Applicant :- Riyaj@Riyajuddin Opposite Party :- State Of Up Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to the Additional Civil Judge (Junior Division)/Fast Track Court, Bijnor to expedite proceedings of Criminal Case No.679 of 2018-State Vs. Riyaj @ Riyajuddin (arising out of Case Crime No.1162 of 2009), under Sections 457, 380, 411 IPC, PS Haldaur, District Bijnor.
A perusal of order sheet shows that the charges have been framed and the case is set down for hearing but the case is being adjourned on account of the witnesses not appearing in the matter. The crime is of the year 2009 and proceedings are lingering on for as long as a period of nine years. Even though the case is one triable by a Magistrate where charges as already noticed have been framed. The applicant is the accused, and, therefore, has a right to speedy trial guaranteed by Article 21 of the Constitution.
Looking to the facts and circumstances, the Trial Court is directed to proceed with the trial expeditiously and endeavour to conclude the same within a period of eight months next in accordance with law.
In case witnesses are not appearing, immediate coercive processes shall be issued by the Trial Court which shall be caused to be executed by the SSP, Bijnor who will ensure that the witnesses are produced before the court below even if they are policemen/officers without fail.
With the aforesaid directions this application is, accordingly, disposed of.
Order Date :- 25.9.2018 Shahroz