Allowed

Yogendra Sharma v. State of U.P.

Allahabad HC14 Aug 2018A482/27804/2018

Case brief

AI extract

What is this about?

In an application under S. 482 CrPC seeking a speedy trial, the High Court directed the trial court to issue immediate coercive processes for the accused's attendance and to frame charges within one month, while also instructing S.S.P. Muzaffar Nagar to execute the processes.

What did the court decide?

Directed the trial court to issue immediate coercive processes, frame charges within one month of the accused's appearance, and conclude the trial expeditiously.

Yogendra Sharma Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 53

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Case :- APPLICATION U/S 482 No. - 27804 of 2018

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Applicant :- Yogendra Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Vibhendu Mishra Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Heard learned counsel for the applicant and the learned AGA for the State.

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This application has been filed with a prayer to expedite the trial of Criminal Case No. 5179/9 of 2016, under Sections 406, 420, 452, 323, 504, 506 IPC, P.S. Civil Line, District Muzaffar Nagar pending before the court of Addl. Chief Judicial Magistrate-II, Muzaffar Nagar and conclude the same within the stipulated period of time.

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It is pointed out that the applicant is the complainant. The submission of the learned counsel for the applicant is that the trial is lingering on. The accused no doubt has a right to speedy trial and it is the interest of the complainant to see an early end to proceeding commenced on his information, particularly where he is victim of the crime. It is urged that the applicant is the victim of the offence giving rise to the present case.

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Learned AGA on the other hand points out that the case is still young. A perusal of the order sheet shows that charge sheet in the case was filed on 17.11.2016 but till date the accused are not appearing. On 03.06.2017 an application for issue of nonbailable warrant was filed but coercive processes have not been issued till date rather a bailable warrant has been issued on 17.11.2017 which has again been issued on 01.01.2018 fixing a date after two months returnable on 01.03.2018 and what has happened thereafter is not reflected in the available order sheet.

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Considering the aforesaid facts, it is directed that the trial court shall issue immediate coercive processes to secure the attendance of the accused and the S.S.P. Muzaffar Nagar is directed to execute such processes and produce the accused before the court concerned. As soon as the accused are in attendance through bail or summoned from custody, the Magistrate shall proceed to frame charges as the case is triable as a warrant case; charges shall be framed within one month of the accused appearing before the trial court, whereafter the trial court shall proceed with the trial expeditiously and endeavour

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to conclude the same at an early date.

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A copy of this order be forwarded to the court concerned and the S.S.P. Muzaffar Nagar for compliance.

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This application stands allowed in the above terms.

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Order Date :- 14.8.2018 Imroz

Yogendra Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yogendra Sharma v. State of U.P.

Case brief

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