Court No. - 54
Case :- APPLICATION U/S 482 No. - 21811 of 2019 Applicant :- Zaheer Hasan Opposite Party :- State Of Up And 02 Others Counsel for Applicant :- Vindesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned A.G.A.
The applicant, who is the complainant, through the present application under Section 482 Cr.P.C. has made only prayer that a direction be issued to the court below to conclude the trial expeditiously of Case No.3145 of 2016 arising out of NCR No.219 of 2010, under Sections 323,352,504,506 IPC, P.S. Sadar Bazar, Distrcit Shahjahanpur pending in the court of learned Chief Judicial Magistrate, Shahjahanpur.
It is submitted by the learned counsel for the applicant- complainant that initially an NCR No.219 of 2010, under Sections 323,504,506 IPC, P.S. Sadar Bazar, Distrcit Shahjahanpur was registered against the opposite party nos.2 & 3. After investigation the charge sheet has been submitted against the opposite party nos.2 & 3 under Sections 323,352,504,506 IPC on 21.12.2010. Thereafter the dates are being successively fixed for appearance of the accused, but they are not turning up, even the charges have not been framed till date and they are roaming freely extending threat to the applicant and his family members. Therefore, the court below may be directed to conclude the trial in expeditious manner and within stipulated period.
Learned A.G.A. has no objection with the aforesaid prayer of the applicant.
Taking note of the submission made by the learned counsel for the applicant and after perusing the entire order-sheet, it appears that despite issuing bailable warrant and non-bailable against the opposite party nos.2 & 3 by the court concerned, they seek adjournment of the case by moving exemption application, on account of which, the charges have not been framed till date. As such the court below is directed to ensure the presence of the accused persons for framing the charge against them within six weeks and thereafter to proceed with the case in accordance with law and make its earnest endeavour to conclude the trial proceeding de die indiem until the same is concluded within a period of eight months from the date of production of a certified copy of this order.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 30.5.2019 M. Tariq