Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 4860 of 2019 Petitioner :- Sachin Kumar Maurya Respondent :- Session Judge District And Session Court And Another Counsel for Petitioner :- Hemant Kumar,Pradeep Kumar Keshri
Hon'ble Ramesh Sinha,J.
Heard Sri Hemant Kumar, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
This petition has been filed with the following prayers :-
"(i) To direct the respondent no.1 to expedite the Session Trial No.5 of 2017 (State Vs. Vikash) arising out of Case Crime No.457 of 2016, under Sections 306, 506 I.P.C., Police Station Mugalsarai, District Chandauli, pending before the court of Session Judge, District & Session Court, Chandauli, District Chandauli preferably within a stipulated period as fixed by this Court.
(ii) to direct the respondent no.1 to complete the examination/deposition of the petitioner in Session Trial No.5 of 2017 (State Vs. Vikash) arising out of Case Crime No.457 of 2016, under Sections 306, 506 I.P.C., Police Station Mugalsarai, District Chandauli, pending before the court of Session Judge, District & Session Court, Chandauli, District Chandauli preferably within a stipulated period as fixed by this Court."
Learned counsel for the petitioner states that the petitioner is the informant of the case and the trial is pending since the year 2017. The petitioner has appeared before the trial court on 14.12.2018 and his deposition as P.W.1 was started, but till date his evidence has not been completed. Since then almost 2 1/2 years has been passed, but the trial court instead of expediting the trial always giving dates on flimsy grounds, therefore, he has come up before this Court for issuance of a direction to the trial court to record his evidence. Learned counsel further states that the petitioner is a government servant and is employed in Electricity Department and it is very difficult for the petitioner to get leave on every date from his office for appearance on the date fixed before the trial court.
Learned A.G.A. could not dispute the facts as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case, the trial court is directed to conclude the evidence of petitioner, who is appearing as P.W.1, expeditiously preferably within a period of four weeks from today from the production of a certified copy of this order before him and further the trial of the case shall be concluded within a period of eight months if there is no legal impediment.
Order Date :- 14.6.2019 Anand Sri./-