HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 28913 of 2015 Applicant :- Vikesh Goswami Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Suresh Chandra Pandey, learned counsel for the applicant and Sri Manish Deo, learned A.G.A. appearing for the State, and perused the record.
This applicant has been field for setting-aside the order dated 05.08.2015, passed by the learned Additional Sessions Judge, Court No.7, Mathura, in S.T. No. 361 of 2006 (State Vs. Lalit and others), under Sections 302, 147, 498-A IPC, Police Station Kotwali, District Mathura. He further prays for direction be issued to the trial court to decide the said case within specific period.
It is submitted by the learned counsel for the applicant that applicant is complainant of the case. During the course of trial, after the evidence were closed and arguments were advanced by the learned counsel for the parties, the trial court vide order dated 07.11.2014 has altered the charge under Section 147 IPC, though the accused-applicant nos. 2 to 7 are also facing trial under Sections 498-A and 302 IPC. When the charge was altered, the trial court has summoned the P.W.-1, 2 and 3 for their examination for altered charge. He further submits that the trial is of the year 2006 and the trial court instead of concluding the trial of the case, has recall the witnesses P.W.-1, 2 and 3 for their examination on the altered charge i.e. Section 147 IPC, which is only process of prolonging the trial.
Considering the facts of the case, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the trial court to frame specific question for examination of P.W.-1, 2 and 3, on altered charge under Section 147 IPC, and record their evidence to that effect only, and conclude the same on the next date fixed, and decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 24.9.2015/VKG