Court No. - 53
Case :- APPLICATION U/S 482 No. - 19577 of 2018 Applicant :- Vinod Kumar Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Jadu Nandan Yadav,Pranvesh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.
This application has been filed seeking to expedite proceedings of Case No. 5616 of 2017 (CNR No. UPET-04-009136/2017), State vs. Shiva and others, arising out of Case Crime No. 392 of 2017, District Etah pending in the court of Additional Chief Judicial Magistrate, Court No.18, Etah and also to take coercive action against the accused persons to ensure their presence.
The submission is that the applicant is the complainant and the prosecution has commenced on his first information faced with threats by the accused/opposite party using their licensed fire arm. The police after investigation filed a charge sheet. The Court has been taken through the order sheet which shows that on 04.10.2017 cognizance has been taken and summons were issued for 08.10.2017 and on 08.10.2017 the accused did not appear and summons were thereafter issued for 18.12.2017, 27.01.2018 and 15.03.2018.
The grievance of the applicant is that the accused are hardened criminals who are threatening the applicant. Summonses have been issued to them as many as six times but to no avail. Under the circumstances, the trial court may be directed to ensure the presence of the accused through coercive process.
Looking to the aforesaid facts and circumstances, the trial court is directed to expeditiously proceed with the matter and ensure the attendance of the accused by all means, if necessary by issue of strict coercive processes for the purpose.
The application is disposed of with the above orders.
Order Date :- 30.5.2018 Imroz