High Court
Case Details
Neutral Citation No. - 2025:AHC:38423 Court No. - 70 Case :- APPLICATION U/S 482 No. - 39923 of 2024 Applicant :- Anil Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irfan Ahmad Malik Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Irfan Ahmad Malik, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Applicant-Anil Kumar Verma, who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and direct the court concerned to expedite the trial of Criminal Case No. 289 of 2017 State versus Navneet & others, (arising out of Case Crime No. 181 of 2017) under Sections 302, 201, 394, 411, 34 I.P.C., District Baghpat, pending in the court of Additional District Judge 5th Baghpat on day to day basis or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." Present application came up for admission on 5.2.2025 and this Court passed the following order: "1. Heard Mr. Irfan Ahmad Malik, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Anil Kumar Verma, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and direct the court concerned to expedite the trial of Criminal Case No. 289 of 2017 State versus Navneet & others, (arising out of Case Crime No. 181 of 2017) under Sections 302, 201, 394, 411, 34 I.P.C., District Baghpat, pending in the court of Additional District Judge 5th Baghpat on day to day basis or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 4. Learned counsel for applicant submits that charge sheet/police report was submitted by Investigating Officer on 05.06.2017. In the charge sheet so submitted 21 prosecution witnesses have been nominated. However, as offence complained of is triable exclusively by the court of Sessions, consequently, the case was committed to the Court of Sessions. Concerned Sessions Judge framed charges against charge sheeted accused vide framing of charge order dated 05.03.2018 However, inspite of the fact that a period of almost 7 years is about to expire not even the statement-in-chief of PW-1 could be recorded. 5. In view of above, Court concerned shall submit it's report explaining the delay in the progress of trial particularly in the light of provisions contained in Section 409 Cr.P.C. The requisite report shall be submitted before this Court on or before 17.03.2025. 6. Put up as fresh on 18.03.2025. " In compliance of above order, Court below has submitted its report, which reads as under: "Subject: Report explaining the delay in the progress of Session Trial No. 289/2017 State vs Navneet & Others, (Case Crime No. 181/2017) U/Ss 302, 201, 394, 411, 34 IPC as directed by the Hon'ble High Court vide order dated 08.03.2025 passed in Application No.39923 of 2024 U/S 482 CrPC. Reg. Respected Sir, With reference to above captioned subject, it is humbly submitted that a letter no. A-482/4108 Dated 11.03.2025 is received by me today by which a report explaining the delay in the progress of Session Trial No. 289/2017 State vs Navneet & Others, (Case Crime No. 181/ 2017) U/Ss 302, 201, 394, 411, 34 IPC as directed by the Hon'ble High Court vide order dated 08.03.2025 passed in Application No 39923 of 2024 U/s 482 CPC. has been asked for. The report is submitted as below: The charges in Session Trial No. 289/2017 State vs Navneet & Others were framed on 05.03.2018 by the then the District & Sessions Judge, Baghpat. The prosecution witnesses were summoned but witnesses did not appear till 14.06.2019. On 01.07.2019 NBW were issued against accused Sagar due to his non appearance. On 18.07.2019 warrants were recalled & case was again fixed for prosecution evidence & remained so till 29.11.2019 but no witnesses appeared. On 17.12.2019, NBW were issued against accused Navneet & Sagar which continued till 12.02.2020. Thereafter, on 26.03.2020, 18.04.2020, 11.05.2020 no proceedings were carried out due to lock down as Corona pandemic started. On 25.02.2020 witness Aarif Chokidar appeared but since accused Sagar & Navneet were absent, his evidence could not be recorded, NBW against the accused & notice to sureties were issued. On 12.03.2020 NBW against accused Navneet were recalled. But NBW continued against accused Sagar. On 23.06.2020 accused Anil & Navneet got absent and BW 20, -were issued against accused Anil & Navneet & NBW continued against accused Sagar. On 14.07.2020 accused Anil & Navneet got their BW recalled but accused Sagar remained absent. Again on 31.08.2020 NBW were issued against accused Navneet & Sagar. On 29.10.2020 NBW against accused Navneet were recalled but accused Anil remained absent and the BW 20,000 / - were issued against him. Which were recalled on next to next date i.e. 26.11.2020. Again on 15.12.2020 accused Navneet & Sagar remained absent & BW 20,000 / - were issued against him. On 01.01.2021 NBW were issued against accused Navneet & Sagar. On 14.01.2021 it was brought to the notice of the Court that Sagar is confined in jail in some other case. As a result accused Sagar was called upon from jail while the NBW continued against accused Navneet. Accused Sagar was produced from Jail on 17.03.2021 but NBW/ NS continued against accused Navneet till 14.03.2022. Then on 05.04.2022 a report on NBW of Navneet was received that he is detained in Dasna Jail. Thereupon, accused Navneet got summoned from Jail but he could appear only on 11.07.2022 & file got fixed for prosecution evidence again. On next date i.e. 26.07.2022 accused Anil disappeared hence NBW were issued against him. Which he got recalled on 10.08.2022. The case was again fixed for prosecution evidence. On 07.10.2022 witness Aarif appeared but accused Navneet was not brought from Dasna Jail hence evidence could not be recorded. Thereafter, on 15.11.2022 it was also noted by the P.O. that despite Talbi accused Navneet was not sent to the Court from Jail. Accused Navneet remained absent as he was not sent from Jail till 21.06.2023. On 03.07.2023 the file was transferred to this court from the Court of District & Sessions Judge, Baghpat vide order dated 28.06.2023. Accused Navneet was called from Jail and it was informed that he has been shifted to Meerut Jail. On 04.09.2023 witness Aarif again appeared but he could not be examined as Advocates were abstaining from work. On 20.10.2023 accused Navneet got released from Jail on Bail. Since all accused started appearing, on 07.12.2023 when witness Aarif appeared, he was examined. Since there was no defense counsel present for cross examination, the opportunity for cross examination was closed. Again on 01.03.2024 accused Sagar absconded and NBW were issued against him. On 01.04.2024 accused Navneet also absconded and NBW were issued against him. On 16.05.2024 process U/s 82 CrPC was issued against accused Navneet and Sagar. On 11.06.2024 accused Sagar appeared but Navneet remained absent. On 22.08.2024 process U/s 83 CrPC was issued against accused Navneet. On 15.10.2024 the file of accused Navneet was separated, so that the trial of other two accused Anil & Sagar may continue. On 02.12.2024 witness Dr. Anurag came and was examined. Cross examination was also done. On 21.02.2025 witness Farman @ Hatti was summoned. Who did not appear on 07.03.2025. Next date fixed for prosecution evidence on 24.03.2025. The delay in the trial was primarily caused by non appearance / absence of one or the other accused from time to time & as well as due to non appearance of witnesses on date fixed. Accused Navneet, Sagar & Anil kept absconding on dates fixed for prosecution. It may be most humbly submitted that I joined this court on 18.04.2024 on my annual transfer. It may also be relevant to most humbly mention that the pendency in my Court is 4449 & the number of Session Trials in which the accused are detained in Jail/UTPs is 61. Apart from this there are cases in which Hon'ble High Court has directed for time bound disposal. The undersigned will surely make best possible efforts to expedite the trial and will try to conclude the trial as early as possible or within the time if any directed by the Hon'ble High Court. It is requested that these facts may kindly be placed before the Hon'ble Court for kind perusal. With kind regards," Upon perusal of the report submitted by Court below, it is apparent that trial of charge sheeted accused has been belated on account of conduct of accused themselves. As such, no interference warranted by this Court. In view of above, application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 18.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad