Mohammad Majid v. State Of U.P. Thru. Its Secy. Home Lko. And Another

This application U/S 483 CrPC has been filed by the applicant directing the learned trial court to decide the Criminal Case No. 443/13/12 (State Vs Yaseen and others) arising out of Case Crime No. 77 of 2012 under Sections 3, 5-A, 8 Cow Slaughter Act, Section 11 of Animal Cruelty Act, 34, 120-B IPC, Police Station Umribegumganj, District Gonda expeditiously. Sri Faiz Ahmad Khan, learned counsel for the applicant submits that the applicant is an accused in the aforesaid criminal case. The applicant is a law abiding citizen who has been regularly attending court proceedings since for the past more than twelve years. The right of the applicant to speedy trial is being violated and is suffering harassment of the prosecution in a case where there is no connecting evidence against him. The learned trial court has to be mindful of the period of detention of the accused prisoner, alert to its duties to faithfully implement the statutory mandate of Section 309 Cr.P.C. and also conscious of its obligation to realize the fundamental rights of an accused to a speedy trial. Prima facie these sensitivities are absent in the facts of this case. The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all 2 A483 No. 736 of 2025 expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided under Section 69 Cr.P.C. to expedite the trial. The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel. All witnesses, accused persons who have been enlarged on bail and counsels are directed to cooperate with the trial proceedings. The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed. The Superintendent of Police, Gonda shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court. The delay in the trials caused by the failure of the police authorities to serve summons or execute coercive measures to compel the appearance of witnesses at the trial despite a statutory mandate, is an issue of grave concern. The said issue had arisen for consideration before this Court in Bhanwar Singh @ Karamvir Vs. State of U.P. reported at 2023 SCC OnLine All 734 & Jitendra v. State of U.P. .(Criminal Misc. Bail Application No.9126 of 2023) and was decided by the judgements dated 24.08.2023 & 20.12.2023 respectively. This Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) had issued certain directions to the police authorities regarding their statutory duty to promptly serve summons and execute coercive processes to compel the appearance of 3 A483 No. 736 of 2025 witnesses. The Director General of Police, Government of U.P. as well as Principal Secretary (Home), Government of U.P. had taken out relevant orders in compliance of judgements in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and nominated the Senior Superintendent of Police of the concerned districts as the nodal officials for implementing the said judgments. The counsels as well as the learned trial court are directed to comply with the directions issued by this Court in Noor Alam Vs. State of U.P. reported at 2024 (5) ADJ 766. In case any strike happens during the course of the trial, the learned trial court is directed to ensure full compliance of the directions issued in Noor Alam (supra) to prevent delay in the trial. In case the police authorities are failing to comply with the directions issued by this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and do not implement the said directions of the Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. in regard to service of summons and execution of coercive measures to compel the appearance of witnesses, the learned trial court shall direct the concerned Senior Superintendent of Police to file an affidavit in this regard. The learned trial court shall be under an obligation to examine whether the judgements of this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) as well as directions of Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. issued in compliance thereof have been implemented or not and to take appropriate action as per law. The learned trial court shall also take appropriate measures in law after receipt of such affidavit which may include summoning the concerned officials in person. The trial court is directed to ensure that the trial is concluded in 4 A483 No. 736 of 2025 an expeditious time frame, preferably within six months. It is specifically directed that in case any of the accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and thereafter cancel the bail of such co- accused without recourse to this Court. The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge. In the meantime the learned District Judge, Gonda shall also make enquiries whether the applicant has been provided legal aid for seeking bail in light of the judgment rendered by this Court in Anil Gaur@ Sonu@Sonu Tomar Vs State of U.P. reported at 2022 SCC Online All 623 and Ramu Vs State of U.P., reported at 2024 SCC Online All 4618 and send a report by the next date listing. The Application U/S 483 is disposed of. September 12, 2025 Pravin (Ajay Bhanot,J.) PRAVIN VERMA High Court of Judicature at Allahabad, Lucknow Bench

This application U/S 483 CrPC has been filed by the applicant directing the learned trial court to decide the Criminal Case No. 443/13/12 (State Vs Yaseen and others) arising out of Case Crime No. 77 of 2012 under Sections 3, 5-A, 8 Cow Slaughter Act, Section 11 of Animal Cruelty Act, 34, 120-B IPC, Police Station Umribegumganj, District Gonda expeditiously. Sri Faiz Ahmad Khan, learned counsel for the applicant submits that the applicant is an accused in the aforesaid criminal case. The applicant is a law abiding citizen who has been regularly attending court proceedings since for the past more than twelve years. The right of the applicant to speedy trial is being violated and is suffering harassment of the prosecution in a case where there is no connecting evidence against him. The learned trial court has to be mindful of the period of detention of the accused prisoner, alert to its duties to faithfully implement the statutory mandate of Section 309 Cr.P.C. and also conscious of its obligation to realize the fundamental rights of an accused to a speedy trial. Prima facie these sensitivities are absent in the facts of this case. The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all 2 A483 No. 736 of 2025 expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided under Section 69 Cr.P.C. to expedite the trial. The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel. All witnesses, accused persons who have been enlarged on bail and counsels are directed to cooperate with the trial proceedings. The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed. The Superintendent of Police, Gonda shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court. The delay in the trials caused by the failure of the police authorities to serve summons or execute coercive measures to compel the appearance of witnesses at the trial despite a statutory mandate, is an issue of grave concern. The said issue had arisen for consideration before this Court in Bhanwar Singh @ Karamvir Vs. State of U.P. reported at 2023 SCC OnLine All 734 & Jitendra v. State of U.P. .(Criminal Misc. Bail Application No.9126 of 2023) and was decided by the judgements dated 24.08.2023 & 20.12.2023 respectively. This Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) had issued certain directions to the police authorities regarding their statutory duty to promptly serve summons and execute coercive processes to compel the appearance of 3 A483 No. 736 of 2025 witnesses. The Director General of Police, Government of U.P. as well as Principal Secretary (Home), Government of U.P. had taken out relevant orders in compliance of judgements in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and nominated the Senior Superintendent of Police of the concerned districts as the nodal officials for implementing the said judgments. The counsels as well as the learned trial court are directed to comply with the directions issued by this Court in Noor Alam Vs. State of U.P. reported at 2024 (5) ADJ 766. In case any strike happens during the course of the trial, the learned trial court is directed to ensure full compliance of the directions issued in Noor Alam (supra) to prevent delay in the trial. In case the police authorities are failing to comply with the directions issued by this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and do not implement the said directions of the Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. in regard to service of summons and execution of coercive measures to compel the appearance of witnesses, the learned trial court shall direct the concerned Senior Superintendent of Police to file an affidavit in this regard. The learned trial court shall be under an obligation to examine whether the judgements of this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) as well as directions of Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. issued in compliance thereof have been implemented or not and to take appropriate action as per law. The learned trial court shall also take appropriate measures in law after receipt of such affidavit which may include summoning the concerned officials in person. The trial court is directed to ensure that the trial is concluded in 4 A483 No. 736 of 2025 an expeditious time frame, preferably within six months. It is specifically directed that in case any of the accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and thereafter cancel the bail of such co- accused without recourse to this Court. The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge. In the meantime the learned District Judge, Gonda shall also make enquiries whether the applicant has been provided legal aid for seeking bail in light of the judgment rendered by this Court in Anil Gaur@ Sonu@Sonu Tomar Vs State of U.P. reported at 2022 SCC Online All 623 and Ramu Vs State of U.P., reported at 2024 SCC Online All 4618 and send a report by the next date listing. The Application U/S 483 is disposed of. September 12, 2025 Pravin (Ajay Bhanot,J.) PRAVIN VERMA High Court of Judicature at Allahabad, Lucknow Bench