The High Court disposed of an application under section 482 Cr.P.C. directing the trial court to complete trial within one year to prevent threats, pressure for compromise, and delay in the criminal case.
Directed trial court to complete trial within one year; proceedings on day-to-day basis allowed to adhere to timeline.
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Court No. - 16
Case :- APPLICATION U/S 482 No. - 35507 of 2018
Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. is filed for a direction to the learned trial court to decide the criminal case no. 3558 of 2018, Stat Vs. Vinod and Others, arising out of Case Crime No. 187 of 2018, under Sections 452, 323, 324, 504, 506,308 IPC. at Police Station Shahpur, District Muzaffarnagar within stipulated period.
Learned counsel for the applicant Sri Kuldeep Kumar submits that the accused in the FIR arrayed as opposite party nos. 2 to 4 herein, are continuously threatening the applicant. The applicant is being pressurized to enter into a compromise with the said accused persons. The accused persons have not been appearing before the learned trial court despite the non bailable warrants issued against them and the order passed by this Court in Application under Section 482 Cr.P.C. No. 22241 of 2018. This Court had directed the applicants to appear and surrender before the trial court, but the applicants have not submitted themselves to the jurisdiction of the trial court.
In such view of the matter, it is necessary that the trial be expedited to ensure that there is no miscarriage of justice. The trial court is directed to complete the trial within a period of one year, in accordance with law. If necessary, the trial court can proceed on day to day basis to ensure that timeline stipulated in this order is adhered to.
With the above observations, the application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 11.10.2018 Dhananjai
1 issue framed by the court
Whether to direct the trial court to expedite the pending criminal trial within a stipulated period to ensure timely disposal.
1 provisions across 1 enactments
Ashok Kumar
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
