Application under Section 482 Cr.P.C. for speedy trial in a case pending since 2011 due to prosecution delay allowed by the Single Judge, ordering conclusion within six months.
Direction to the court below/Judicial Magistrate, Hathras to conclude proceedings of Case No. 1116 of 2009 expeditiously within six months.
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Court No. - 47
Case :- APPLICATION U/S 482 No. - 18326 of 2020 Applicant :- Pushpendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under section 482 Cr.P.C. has been filed seeking direction to Judicial Magistrate, Hathras to conclude the proceedings of Case No. 1116 of 2009 (State Vs. Pushpendra Singh), under Section 279, 304-A, 427 IPC, P.S. Hathras Gate, District Hathras, expeditiously.
Learned counsel for the applicant has submitted that the proceedings of the aforesaid case is pending since 2011 and submitted for speedy trial of the case.
Learned A.G.A. opposed the prayer and contended that applicant had himself appeared before the court after the lapse of seven years and thereafter several dates have been fixed for evidence but the applicant time and again has moved the application for exemption to avoid appearance before the court below.
On perusal of the order-sheet which is Annexure-3 to the affidavit, it is evident that file of the aforesaid case is at the stage of evidence since 28.06.2016. Although the applicant himself could not appear before the court concerned on the date fixed yet on several dates prosecution could not adduce the witnesses for examination. Keeping in view the time of more than 11 years the case may be decided expeditiously, accordingly, the prayer deserves to be allowed.
In view of above, the application is disposed of with direction to court below/Judicial Magistrate, Hathras to conclude the proceedings of Case No. 1116 of 2009 (State Vs. Pushpendra Singh), under Section 279, 304-A, 427 IPC, P.S. Hathras Gate, District Hathras, expeditiously, preferably within a period of six months from the date a computer generated copy of this order is produced before it.
Order Date :- 6.1.2021 Prajapati
1 issue framed by the court
Whether to grant direction to the court below to conclude proceedings expeditiously due to prolonged delay of over eleven years.
1 provisions across 1 enactments
Pushpendra Singh
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
