Court No. - 72
Case :- APPLICATION U/S 482 No. - 21438 of 2019 Applicant :- Vijay Kumar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Lokesh Kumar Dwivedi,G.S. Chaturvedi (Sr. Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed seeking direction to conclude the Special Session Trial No.68 of 2011, arising out of Case Crime No.237 of 2010, under Sections-302, 307, 427, 429, 120B, I.P.C., Section 3/5 of the Explosive Substance Act, Section 7 of the Criminal Law Amendment Act and Section 2/3 (1) of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District-Allahabad.
3. Upon instruction, Sri Sanjay Singh, learned AGA for the State, informed that, in the first place, the matter pertains to allegations against a MLA. At present, there is only one Court in the entire State for hearing of such cases that has 1200 cases pending before it. Then, as to the peculiar facts of the present case, it has been informed that in all, there are 84 witnesses required to be examined in the trial, of which 59 have already been examined. The 60th witness namely Sandeep Sharma, Sub-Inspector, has not been appearing and therefore non-bailable warrant has been issued against him fixing 04.06.2019 as the next date.
4. In view of the fact that there are about 1200 cases pending before the said Court, it has been stated that there is no reason for delay, other than the situation emerging from the fact that present case pertains to a MLA and there are 1200 cases pending before the Court before which it is pending.
5. However, the Court cannot overlook the decision of the Supreme Court in Transfer Petition (s) (Criminal) No (s).-
122 of 2013 Kamal Kumar Vs Vijay Kumar Mishra & Others. Vide order dated 26.10.2015, it had been observed as below:-
"Heard the learned counsel for the parties and perused the report submitted by the learned Additional District and Sessions Judge, Allahabad.
The learned counsel appearing for the State has assured this Court that needful shall be done to see that the concerned witnesses and the police officers who are to be examined shall extend their co-operation and the police personnel shall give priority to the proceedings of the trial court.
The learned counsel appearing for the complainant has submitted that he would like to submit certain applications before the trial court as the procedure under the law is not being followed. If such applications are filed, the same shall be looked into by the trial court and an appropriate action shall be taken.
It is hoped that the trial shall be concluded as soon as possible in accordance with law.
The transfer petition stands disposed of."
6. In view of the above, it is expected that the learned court below shall act mindful of the direction issued by the Supreme Court so that full compliance be made to the direction of the Supreme Court in letter and spirit.
7. With the above observations, the application stand disposed of.
Order Date :- 31.5.2019 S.Chaurasia