Court No. - 53
Case :- APPLICATION U/S 482 No. - 18997 of 2018 Applicant :- Sanjay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Chandra Bhan, learned counsel for the applicant and Sri Akhilesh Kumar Mishra along with Sri Abhinav Tripathi, learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking a direction to the Special Judicial Magistrate 3rd, Jaunpur to hear and decide Case no.55 of 2018, Purshottam Vs. Sanjay (old Case no.800 of 2009) (arising out of Case Crime no.161A of 2009), under Sections 323, 504 I.P.C., Police Station- Sarai Khwaja, District- Jaunpur.
The submission of the learned counsel for the applicant is that the applicant is an accused and, as such, he has a right guaranteed to him by virtue of Article 21 of the Constitution of India to a speedy trial, of which he is being deprived by the slow pace at which the trial is proceeding.
A perusal of the order sheet shows that the charge sheet in the case was filed way back on 16.05.2011, but the case has not made any substantial progress. The case is one which looking to the maximum term of sentence prescribed in relation to two offences is triable as a summons case, where no charge is required to be framed. The trial in the case is lingering on account of various factors for some of which the accused himself is to blame.
Be that as it may, the case is one of the year 2009 and is a summons case, which is pending for nine years now. Therefore, the trial court is directed to proceed with the trial expeditiously and conclude the same preferably within a period of six months from the date of receipt of a certified copy of this order in accordance with law, if there be no legal impediment. In case witnesses do not appear, necessary coercive process shall be issued which shall be executed by the police without fail.
The application is, accordingly, disposed of.
Let a copy of this order be communicated to the court below concerned for necessary compliance through the learned Chief Judicial Magistrate, Jaunpur.
Order Date :- 28.5.2018 A. Pt. Singh