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2013 Supreme(All) 923

SUDHIR KUMAR SAXENA
AMEER HAIDER – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Syed Mohd. Munis Jafari for the Petitioner; G.A. for the Respondents.

JUDGMENT

Hon’ble Sudhir Kumar Saxena, J.—This petition under Section 482 Cr.P.C. has been filed for direction to expedite and conclude the trial of Case No. 2250 of 2000, Crime No. 108 of 2000, P.S. Mawai, District Faizabad, under Section 3/25 Arms Act (State v. Ameer Haider), pending in the Court of A.C.J.M.-I, Faizabad, within two months.

FACTS:

2. It appears that a country-made Pistol and one Cartridge of 315 Bore was allegedly recovered from the petitioner. Since occurrence had taken place during night hours, no public witness was available. Case was registered under Section 3/25 Arms Act (‘Act’ in short). After investigation, charge-sheet was submitted on 19.10.2000 and on the same day cognizance was taken.

3. It was urged that even after 12 years, neither any witness has been examined nor trial concluded, as such, continuance of proceedings amount to abuse of the process of the Court and same are liable to be quashed.

4. A report was called from the Court concerned. Court below in its report dated 27.8.2012 stated that charge was framed on 5.6.2004. Since case was transferred before different Courts, no evidence could be recorded, case reached his Court on 25.1.2012. He was h









































































































































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