Birendra Kumar vs State Of U.P.
2015 Latest Caselaw 2806 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29337 of 2015
 
Applicant :- Birendra Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashish Kumar Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Ashish Kumar Gupta, learned counsel for the applicant, and Sri Manish Deo, learned AGA appearing for the State and perused the record.

This application has been filed by the applicant with prayer for direction to the learned court below to expedite the S.T. No. 544 of 2012 (State VS. Birendra Kumar), arising out of Case Crime No. 205 of 2003, under Section 25 Arms Act, Police Station Lanka, District Varanasi, pending in the court of Additional Sessions Judge, Court No.3/Special Judge (E.C. Act), Varanasi, to decide the same with stipulated period.

It is has been argued by the learned counsel for the applicant that applicant is facing trial in a case which is of the year 2003, and the charges has been framed against him on 12.12.2012, but till date no prosecution witnesses have appear before the trial court to give their evidence, who are the police personnel, though the notices under Section 350 Cr.P.C. have been issued against them by the trial court.

The SSP, Varanasi is directed to ensure the presence of police personnel, before the trial court to give their evidence, who are mentioned in the charge sheet, within three weeks from the date of production of certified copy of this order before him, and if he said police personnel have not appear before the trial within stipulated period, their salary should be stopped by the SSP, Varanasi, and a report in this regard shall be send to the trial court.

Further, the trial court is directed to 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 six months from the date of production of certified copy of this order, if there is no legal impediment.

Order Date :- 30.9.2015/VKG