In an application under Section 482 Cr.P.C., the court directed the Judicial Magistrate to frame charges within one month and conclude the trial within six months to ensure speedy justice, given the case had been pending since 2008.
Direction to frame charges within one month; conclude proceedings within six months expeditiously.
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Court No. - 46
Case :- APPLICATION U/S 482 No. - 38007 of 2018
Applicant :- Radhey Shyam Yadav Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Pramod Kumar Srivastava,Munna Lal Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA on behalf of the State.
The instant application has been filed invoking the inherent power of this Court under Section 482 Cr.P.C. to direct the Judicial Magistrate-I, Allahabad to decide Case No.1069 of 2008 (State Vs. Shyam Lal) arising out of case crime no.154 of 2008, under Sections 323,504,325 IPC, P.S. Tharwai, District Allahabad within the stipulated period.
The submission of learned counsel for the applicant is that an FIR was lodged in 2008 against the accused opposite party nos.2 to 5. Pursuant to the charge sheet submitted against the accused opposite parties the cognizance was taken against them on 24.9.2008 and since then the dates are being successively fixed for framing of charge. Till date the charge has not been framed as the case is being adjourned on one ground or the other on account of claiming exemption by the accused persons. The applicant has himself sustained injuries at the hands of the accused opposite parties on account of trivial issue. The applicant is appearing each and every date causing immense mental and financial loss. As the such the court below may be directed to proceed with the case expeditiously and conclude the case to its logical end within stipulated period.
Learned A.G.A. has no objection with the prayer made by the learned counsel for the applicant.
Considering the facts and circumstances and the argument advanced by the learned counsel for the applicant and also the fact that the case is pending since 2008, speedy trial is essence of justice hence it is directed that the Court below shall take appropriate steps for framing charge within a period one month from today and shall proceed with the case and conclude the proceeding expeditiously without giving any unnecessary adjournment to either of the parties, and even if the adjournment is granted it should be for shortest possible period and for the strongest possible reason and conclude the proceeding expeditiously de die in diem on dayto-day basis, if possible within six months from the date of production/receipt of a certified copy of this order.
With the aforesaid observations, the application is disposed of.
Order Date :- 26.10.2018 M. Tariq
1 issue framed by the court
Whether the Magistrate should be directed to frame charges and conclude the trial expeditiously within a stipulated period to secure speedy justice.
1 provisions across 1 enactments
Radhey Shyam Yadav
State Of Up
4 Others
Naheed Ara Moonis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
