Court No. - 53
Case :- APPLICATION U/S 482 No. - 32872 of 2018 Applicant :- Vijai Pundir Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed by an accused who is facing trial in Case No.4360 of 2017-State Vs. Vijai Pundir) commenced on the basis of a charge sheet dated 12.10.2008 (arising out of Case Crime No.465 of 2008), under Sections 379, 411 IPC, PS Medical College, District Meerut pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Meerut.
It is submitted that the applicant being an accused has a right to speedy trial. It is a case that is pending since the year 2008 where charges have been framed and one witness alone has so far been examined on 20.11.2011. Thereafter the trial has gone in limbo and is being adjourned eventlessly. The delay now being caused as appears from perusal of the order sheet is on account of the prosecution witnesses not turning up.
Looking to the aforesaid facts and circumstances, the Additional Chief Judicial Magistrate, Court No.10, Meerut where the case is now pending, is directed to proceed with the trial expeditiously and conclude the same within a period of eight months next in accordance with law.
In case witnesses do not appear or are not appearing, immediate coercive processes shall be issued by the Magistrate which shall be positively caused to be executed by the SSP and the witnesses produced on the scheduled dates before the court.
This application is disposed of with the above orders.
Order Date :- 19.9.2018 Shahroz