Citation : 2015 Latest Caselaw 2808 ALL
Judgement Date : 30 September, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29330 of 2015 Applicant :- Chhiddi Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Vijay Shyam Bhaskar,Rajesh Kumar Dubey Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant, and Sri Manish Deo, learned AGA appearing for the State and perused the record.
The only prayer made by the applicant is that a direction be issued to the court of Additional Chief Judicial Magistrate, Ist, Bulandshahr, to expedite the heraing of Criminal Case No. 6052 of 2009 (State Vs. Chhiddi Singh), under Section 25 of Arms Act, pertaining to Case Crime No. 88 of 2004, to secure the ends of justice, within a definite period.
It is has been argued by the learned counsel for the applicant that applicant is facing trial in the present case and the charges has been framed against the applicant on 14.03.2005, but till date no prosecution witnesses, mentioned in the charge sheet, who are the police personnel, have been appear before the trial court to give their evidence, though the non-bailable-warrant have been issued against them.
The SSP, Bulandshahr, is direction to ensure the presence of the prosecution witnesses before the trial court to give their evidence, who are the police personnel, within three weeks from the date of production of certified copy of this order before him, failing which their salary should be stopped by the SSP, Bulandshahr, and a report in this regard shall also be sent to the trial court concerned.
The court below 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.
With the aforesaid observation, the present application disposed of finally.
Order Date :- 30.9.2015/VKG
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