Court No. - 93

Case :- APPLICATION U/S 483 No. - 64 of 2023

Applicant :- Sanjay Kumar And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Raghvendra Pratap Singh

Counsel for Opposite Party :- G.A.

Hon'ble Surendra Singh-I,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the material available on record.

The applicant has filed this application under Section 483 Cr.P.C.

seeking a direction to the court concerned to decide the S.T. No.

25 of 2014, State vs. Sanjay and others, arising out of Case Crime

No. 347 of 2013, under Section 2/3 of U.P. Gangster Act, Police

Station Phoolpur, District Prayagraj, pending before the Additional

District Judge (Gangster Act), Court No. 9, Allahabad,

expeditiously.

Charge sheet No. 107/14 in the case has been filed on 30.06.2014.

A perusal of the order sheet of the Trial Court shows that the case

was instituted on 18.08.2014 when the Magistrate has taken

cognizance and charges were framed against the applicants, which

they denied and claimed trial. On 20.10.2014 bail bonds of the

applicant-accused Devraj were presented and after its verification

his release order was sent to jail. On 21.10.2014 bail bonds of

accused Sanjay Kumar and Rajesh Bind were accepted and their

release orders sent to jail. From 13.11.2014 to 09.01.2017 several

dates have been fixed but no material progress in the trial has been

recorded. During this period of time, the case was mostly

adjourned either due to absence of the accused or the Presiding

Officer being on leave. Evidence of P.W.1 was recorded on

12.04.2017. On 07.05.2019 non bailable warrant has been issued

against the accused Sanjay on account of his absence. On

21.08.2019 an application on behalf of accused Sanjay, seeking

recall of the N.B.W. issued against him, has been moved, which

has been accepted with personal bond of Rs. 20,000/-. From

05.10.2019 to 11.06.2021 the proceedings of the case stalled

mostly due to Covid-19 pandemic. The proceedings resumed on

07.07.2021. From 07.07.2021 to 28.06.2022 eight dates have been

fixed but no order of moment has been passed and the case was

adjourned either on account of the absence of accused or the

Presiding Officer being on leave. On 10.08.2022 N.B.W. was

issued against accused Sanjay Kumar and Devraj Yadav. Accused

Devraj moved an application on 05.09.2022 to recall the N.B.W.

which was allowed with personal bond of Rs. 10000/- and

understanding. On 21.09.2022 accused Sanjay Kumar also moved

application seeking recall of the N.B.W. issued against him, which

was accepted with personal bond of Rs. 10000/- and

understanding. Lastly, the case was listed on 09.12.2022 when all

the accused were present but witnesses were absent, hence, they

were ordered to be summoned and the next date fixed is

03.02.2023.

It is submitted that the case is pending since the year 2014. It is

submitted that more than nine years have passed and but no

witnesses have been examined till date. The trial is still pending

for evidence of the witnesses. It is submitted that the accused are

suffering due to pendency of this criminal case.

It is true that the accused has a right to speedy trial guaranteed

under Article 21 of the Constitution. This Court thinks that

proceedings need to be expedited and decided within a specified

time according to the business of the Court where the case is

pending.

Looking to the facts and circumstances of the case, the Additional

District Judge (Gangster Act), Court No. 9, Allahabad is directed

to proceed with the aforesaid case, fixing short dates and without

granting any unnecessary adjournments to either of the parties,

unless it is unavoidable that too on heavy costs, and conclude the

proceedings of the aforesaid case expeditiously as early as possible

in accordance with law.

It is further directed that all witnesses, if they d