Court No. - 53
Case :- APPLICATION U/S 482 No. - 19969 of 2018 Applicant :- Shiv Prasad, Constable No. 1307 Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to expedite trial of Case No.1123 of 2005 (State Vs. Shiv Prasad) pending in the Court of learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar arising out of Case Crime No.10 of 2004, under Sections 323, 324 IPC, PS Kotwali, District Kanpur Nagar within a specified period of time.
Applicant is the accused in this case.
The offence is one under Sections 223 & 224 IPC wherein the sentence provided by law is a maximum term of two years going by the definition of a warrant case and a summons case in Section 2(w) and 2(x) CrPC; the present trial would be triable as a summons case by the Magistrate the procedure of which is mandated by law to be simpler and shorter.
The case is pending since the year 2005 and a perusal of the order sheet shows that the cognizance of the case was taken on 12.09.2012 whereas the crime relates to the year 2004. Thereafter that the applicant has remained absent on three or four dates from 12.09.2012 to 28.04.2018 but he has largely remained present and the case has been adjourned in the absence of the prosecution witnesses.
Looking to the nature of the case, the delay in investigation and the average pendency of trial, it is directed that the Magistrate concerned will proceed with the trial of Case No.1123 of 2005 (State Vs. Shiv Prasad) pending in the Court of learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar arising out of Case Crime No.10 of 2004, under Sections 323, 324 IPC, PS Kotwali, District Kanpur Nagar and decide the same positively within a period of six months next from the date of receipt of certified copy of this order.
With the aforesaid directions, this application is finally disposed of.
The Magistrate will take steps to ensure the presence of all the prosecution witnesses.
Office is directed to certify a copy of this order to the trial court forthwith.
Order Date :- 31.5.2018 Shahroz