Court No. - 53
Case :- APPLICATION U/S 482 No. - 32217 of 2018 Applicant :- Vivek Singhal Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Sushil Kumar Pandey 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 under Section 482 CrPC seeking a direction to the learned Chief Judicial Magistrate, Muzaffar Nagar to expedite the proceedings of Case No.4594/9 of 2010- State Vs. Ashok Saini & Anr. (arising out of Case Crime No.852 of 2010), under Sections 420, 406 IPC, PS Kotwali City, District Muzaffar Nagar pending in the Court of learned Chief Judicial Magistrate, Muzaffar Nagar.
The submission of the learned counsel for the applicant is that the applicant is the complainant and the victim of the crime. The crime is of the year 2010 and so is the case. It is a case triable by the Magistrate as a warrant case. It is submitted that an application for discharge has been rejected and the charges have not been framed as yet.
The Court has perused the order sheet. A perusal of the order dated 07.08.2018 shows that the case is now fixed for framing of charges on 28.09.2018.
Considering the fact that it is the right of every accused to be afforded a speedy trial and the interest of the complainant, particularly a victim of the crime, to see an early end to the proceedings, it is ordered that the Trial Court shall proceed to frame charges on the next date fixed positively, that is to say, on 28.09.2018. If for some unavoidable contingency, it is not possible to do that on the next fixed, charges will be positively framed within two weeks thereafter. The Trial Court shall then proceed with the matter expeditiously without granting any adjournments to either of the parties and endeavour to conclude the trial within eight months next, unless there be an order of stay by an order of Superior Jurisdiction.
In case witnesses do not appear, all coercive measures shall be adopted to secure the attendance of the witnesses.
This application is disposed of with the above orders.
Order Date :- 17.9.2018/Shahroz