Court No. - 53
Case :- APPLICATION U/S 482 No. - 33192 of 2018 Applicant :- Santokh Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Yogendra Misra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The grievance of the applicant is that he is an accused in S.S.T. No. 1098 of 2015, State vs. Yugal Sharma and others (arising out of Case Crime No. 538 of 2015), under Sections 395, 412 I.P.C., Police Station Shikohabad, District Firozabad, pending in the Court of Additional Sessions Judge, Court No. 3, Firozabad within a determinate period of time.
The submission of the applicant is that he is an accused and is in jail, who has not been granted bail. It is argued that every accused has a fundamental right to speedy trial guaranteed by Article 21 of the Constitution and that right becomes all the more strong in case of an under trial who is in jail.
The submission of the learned counsel for the applicant aforesaid is well founded. It has been brought to the notice of the Court that all prosecution witnesses of fact have been examined and it is only the two Investigating Officers who are not appearing in the matter on account of which the trial is getting delayed.
The trial court is directed to issue immediate coercive processes against the Investigating Officers, in case, they are not appearing, through the S.S.P. Firozabad, who will ensure execution of those coercive processes requiring Investigating Officers in the case to appear before the trial court positively on the date fixed, wherever the Investigating Officers are posted or living. The S.S.P. Firozabad will be answerable in the matter, in case, the Investigating Officers do not appear on the processes issued by the trial court.
The trial court is directed to proceed with the matter now on a day to day basis and conclude the same within a period of two months next in accordance with law.
A certified copy of this order be sent to the trial court concerned through Sessions Judge and a copy of this order be forwarded to the S.S.P., Firozabad also by the Registrar General within 24 hours.
Order Date :- 20.9.2018 BKM/-