Court No. - 53
Case :- APPLICATION U/S 482 No. - 19122 of 2018 Applicant :- Shiv Pal Opposite Party :- State Of U.P And Another. Counsel for Applicant :- Amod Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Shri Amod Pandey, learned counsel for the applicant and Shri Sudhir Kumar Pathak, learned AGA for the State.
This application has been filed seeking a direction to the Additional Sessions Judge, Court No. 16, Kanpur Nagar to expedite and conclude the proceedings of Special Session Trial No. 101 of 2016 (State Vs. Shiv Pal) arising out of Case Crime No. 55 of 2016 under sections 363, 366 and 376 IPC, Police Station - Cantt., District - Kanpur Nagar within a stipulated period of time.
This Court has been taken through the order sheet where the case was committed to the sessions on 03.08.2016 and registered there. Charge has been framed on 25.11.2016. The applicant is the accused, who is in jail and is suffering as an under trial on account of pendency of this case. A perusal of the order sheet shows that the case is being adjourned where it is set down for hearing the prosecution and their witnesses. The applicant being in jail is entitled to expeditious disposal of the trial. The right to speedy trial is a fundamental right guaranteed to the accused by dint of Article 21 of the Constitution of India.
Looking to the entire facts and circumstances, the trial court is directed to proceed with the trial and conclude the same expeditiously, as far as possible within a period of 8 months next from the date of receipt of certified copy of this order in accordance with Section 309 Cr.P.C and in view of principle 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.
It is made clear that, in case, the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring his presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 29.5.2018 Amit Mishra