Court No. - 53
Case :- APPLICATION U/S 482 No. - 19976 of 2018 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application under Section 482 CrPC has been filed by the first informant of Case Crime No.0542 of 2015, under Section 394, 411, 302, 120B IPC, PS Naubasta, District Kanpur Nagar giving rise to ST No.646 of 2015 (State Vs. Deepesh Yadav) pending before the Court of the learned Additional District Judge, Court No.16, Kanpur Nagar seeking a direction to the trial court to conclude the said trial in a time bound schedule.
Heard Sri Ram Kumar Pal, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA alongwith Sri Abhinav Tripathi, appearing for the State.
The submission of the learned counsel for the applicant is that it is a case of a double murder where the applicant's wife and daughter have been murdered during the course of a robbery by the accused. It is submitted that charges in the case have been framed on 15.06.2016 as would appear from a perusal of the order sheet at page 56 of the paper-book.
This Court has gone through the order sheet of the case. The case is not very old but the trial has commenced where evidence of PW-1 has been recorded. It appears that the accused are attempting to derail trial, may be to suborn witnesses. It is a heinous case of double murder of a mother and daughter that has wiped out the applicant's family. The accused may be guilty or innocent but certainly the applicant is entitled to an expeditious conclusion of this trial; also, the accused who have a right to speedy trial guaranteed under Article 21 of the Constitution.
This Court takes notice of the fact on the statement of the learned counsel for the applicant that there are in all 25 prosecution witnesses required to be examined. Going by the pace at which this trial is proceeding it is likely to be marred by undue delay in delivery of justice in an offence involving a heinous crime that would certainly frustrate purpose of justice.
Looking to the entire facts and circumstances on record, it is directed that the trial court shall proceed with the trial on a day to day basis and endeavour to conclude the same within a period of six months next in accordance with the mandate of Section 309 CrPC and in view of the principle as has been 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.
The witnesses, if they do not appear on the first summons, shall have their attendance secured through immediate issue of coercive processes, and, once a witness appears he/she will not be discharged till his/her evidence is concluded.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 31.5.2018 Shahroz