Court No. - 53
Case :- APPLICATION U/S 482 No. - 14782 of 2018 Applicant :- Satyaveer Alias Satya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Avanish Shukla appearing for the state.
This application has been filed under Section 482 CrPC with a prayer to direct the learned Additional District Judge, Court No.2, Hathras to expeditiously decide ST No.237 of 2015 (State Vs. Satyaveer @ Satya) arising out of Case Crime No.214 of 2012, under Sections 302, 120B IPC, PS Saini, District Hathras pending before the learned Additional District Judge, Court No.2, Hathras within a short stipulated time.
The submission of the learned counsel for the applicant is that the applicant who is the accused is in jail but prosecution witnesses are not appearing. It is pointed out that the the Investigating Officer of the case is not appearing even though non-bailable warrants and notice under Section 350 CrPC had been issued against him. The evidence of all the other prosecution witnesses is completed and case is fixed for the evidence of the Investigating Officer and recording of the statements under Section 313 CrPC.
It is indeed disquieting that Investigating Officers are generally noticed not to appear when summoned by courts below to give evidence. Generally service of summons are evaded by personnel of the Police Department who appear to pay scant regard to the process of Court.
Looking to the aforesaid facts and circumstances, the trial court is directed to issue immediate coercive processes to secure the attendance of the Investigating Officer and any other formal witnesses who remains to be examined. In the case of the Investigating Officer and any other formal witness belonging to the police, the SP, Hathras is ordered to ensure the presence of formal witnesses from the police in the ongoing ST No.237 of 2015 pending before the Court of Additional District Judge, Court No.2, Hathras positively on the next date fixed.
The SP, Hathras will ensure the presence of the witnesses by executing processes issued by the court after locating the present place of the posting of the police personnel/witness concerned.
The trial court is directed to conclude the trial within a period of four months next positively in accordance with law.
With the aforesaid directions, the application is finally disposed of.
Let a copy of this order be forwarded to the S.P., Hathras for compliance. A copy of this order be also certified to the trial court.
Order Date :- 30.4.2018 Shahroz