Court No. - 53
Case :- APPLICATION U/S 482 No. - 14655 of 2018 Applicant :- Sabhajeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Pathak Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri P.C. Pathak, learned counsel for the applicant and Sri Shaqib Meezan, learned AGA along with Sri Abinav Tripathi, learned counsel appearing for the State.
This application has been filed seeking to direct the learned trial court to decide the S.T. No. 253/2014 (State vs. Rajesh Kumar) under Sections 323, 504, 308, 304 IPC, P.S. Machhalishahar, District Jaunpur pending in the court of Additional Sessions Judge, Court No. 4, Jaunpur, within some specific period.
It has been pointed out that the applicant is the complainant of the case leading to the present sessions trial where charges have been framed on 03.04.2015. It is further submitted that out of 16 witnesses on behalf of the prosecution only one witness has been examined so far. The witnesses are not appearing in the matter as would appear from a perusal of the order dated 04.11.2016. The applicant who is the complainant submits that he is exposed to the risk of different kinds of pressures and threats from the accused in the meanwhile as the trial is progressing at a lethargic pace.
Looking to the fact that trial is of the year 2014 and charges were framed in the year 2015 where hearing has started, it is expedient that the trial court is directed to expedite proceedings and conclude the trial preferably within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 30.4.2018 Deepak