In this application under Section 482 CrPC, the High Court directed the Trial Court to issue coercive process against absconding accused and decide the pending criminal case expeditiously.
Direction to take coercive process against accused and decide case expeditiously.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 44967 of 2019
Applicant :- Ashish Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed for direction to the court below to decide the Criminal Case No.1885 of 2016 (State of U.P. vs. Puran Lal Sahu) arising out from Case Crime No.1901 of 2015, Police Station Kotwali, District Basti, pending in the court of Chief Judicial Magistrate, Basti within a specified period.
It has been argued by counsel for the applicant that the applicant is informant of Case Crime No.1901 of 2015, under Sections 406, 419 and 420 I.P.C., which is pending in the court of Chief Judicial Magistrate, Basti. It was submitted that the charge sheet was filed in the year 2015 and cognizance was taken on 26.04.2016, but till date trial could not be started as the accused-persons are absconding. Learned counsel has submitted that a direction may be issued to the court below for expeditious disposal of case.
Learned A.G.A. has submitted that as the accused-persons are absconding, thus the trial could not commenced so far.
Perusal of the record shows that after filing of charge sheet, accused-persons have not appeared before the court for trial and the trial court has already issued non-bailable warrants against the accused-persons. Considering the submissions of learned counsel for the parties and perusing the record, learned trial court is directed to take appropriate coercive process against the accused-persons in accordance with law for ensuring their presence for trial and decide the case expeditiously in accordance with law.
With the above directions, application is disposed of finally .
Order Date :- 7.12.2019 Ravi Kant
1 issue framed by the court
Whether the applicant is entitled to a direction for expeditious disposal of the pending criminal case.
1 provisions across 1 enactments
Ashish Pandey
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
