Court disposed of an application to quash proceedings arising under U.P. Gangster Act, noting prolonged pendency due to witness absence and directing court to expedite trial within six months.
Directed the Special Judge to conclude the trial within six months and procure attendance of all concerned.
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Court No. - 67 Case :- APPLICATION U/S 482 No. - 5198 of 2019 Applicant :- Charan Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the prayer sought by the applicant is to quash the entire proceeding as well as charge sheet dated 15.08.2002 filed in Sessions Trial No.38 of 2003(State Vs. Nand Kishore and others) arising out of case crime no.52 of 2002 under Section 2/3 of U.P. Gangster Act, Police StationFajalganj, District-Kanpur Nagar pending in the court of Gangster Act, Kanpur Nagar.
I have gone through the charge sheet dated 15.08.2002 and since the matter is pending since the year 2002, I am not inclined to exercise my extraordinary power in favour of the applicant.
Today, supplementary affidavit has been filed by learned counsel for the applicant showing therein that the applicant is suffering from brain tumor and he is permanent resident of Agra. The contention raised by learned counsel for the applicant is under the precarious condition. It is difficult for the applicant to come to Kanpur Nagar to attend the case on every date. Learned counsel for the applicant has drawn the attention of the Court to Annexure-5 i.e. order sheet which shows that the applicant is appearing on each and every date but due to non-presence of rest of the co-accused persons and other prosecution witnesses, the matter is pending since the year 2003. This is a matter of serious concern.
Under the circumstances, it is directed that learned Special Judge, Gangster Act, Kanpur Nagar would use all his powers and might procure the attendance of all the concerned and gear up the matter and make all necessary endeavour to conclude the trial within a period of six months from today without granting unnecessary adjournments to either of the parties. There is an undertaking given by the learned counsel for the applicant that his client would participate and cooperate in the early conclusion of the trial.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 25.3.2019 Sumit S
Charan Singh
Rahul Chaturvedi
As recorded by the court registry
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