AND

Signed by: RASHID KHAN

Signing time: 21-09-2023

06:02:31 PM

Signature Not Verified

2

MISC. CRIMINAL CASE No. 24901 of 2023

VIJENDRA SINGH SIKARWAR S/O SHRI TEK

1.

THE STATE OF MADHYA PRADESH

LALLU@ GAURAV S/O SHRI DEVENDRA

SINGH KIRAR (YADAV), AGED ABOUT 22

YEARS, OCCUPATION: STUDENT R/O-

VILLAGE AAMPURA P.S. KOTWALI DISTT.

MORENA (MADHYA PRADESH)

Reserved on

:

12/09/2023

Pronounced on

:

21/09/2023

These petitions having been heard and reserved for order coming

on for pronouncement this day, this Court passed the following:

ORDER

With consent heard finally.

1.

Regard being had to the similitude of the subject matter involved, both

the cases are heard analogously and disposed of by a common order. For

Signed by: RASHID KHAN

Signing time: 21-09-2023

06:02:31 PM

Signature Not Verified

3

convenience's sake, facts of Misc. Criminal Case No.24900 of 2023 are taken

into consideration.

Instant petition under Section 482 of Cr.P.C. has been preferred by the

petitioner for issuance of direction to the learned Trial Court for expeditious

conclusion of proceedings/criminal trial in relation to the case pending at SC

DOCT No.10/2019 before learned Special Judge (MPDVPK Act), District

Morena.

Petitioner is the informant/complainant/victim in the instant case,

wherein at his behest, an FIR bearing Crime No.1364/2018 has been lodged

because of the murder of his son Raghvendra, in which on the basis of his

information, case was registered under Sections 147, 148, 149, 302, 394 of the

Indian Penal Code and Sections 11, 13 of the M.P. Dakaiti Aur Vyapharan

Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred as “MPDVPK Act”).

4.

Investigation was carried out by the police, wherein the accused

persons were apprehended and arrested and after conclusion of investigation,

charge-sheet was filed before the Special Court so established under the

MPDVPK Act, whereby after taking of the cognizance for the offences,

charges were framed for offences under Sections 396, 394, 302, 147, 148,

149, 120-B of IPC, Sections 25, 27 of the Arms Act, 1959 and Sections 11, 13

of the MPDVPK Act.

5.

Out of five named accused persons, three accused persons were

juvenile and out of them, one CICL namely Lallu @ Gaurav was ordered to be

tried as an adult by the Juvenile Justice Board, whose order was affirmed by

the Session Court and therefore, he is being tried before the court of V

Additional Session Judge, Morena in Sessions Trial No.149/2019.

6.

As the date of incident was 19.12.2018 and cognizance was taken for

Signed by: RASHID KHAN

Signing time: 21-09-2023

06:02:31 PM

Signature Not Verified

4

the offence in the instant matter on 15.03.2019, wherefor more than four years

have elapsed and all the eye-witnesses have been examined before the learned

Trial Court and only official and formal witnesses are yet to be examined and

through the proceedings filed by the petitioner with the petition as well as

synopsis indicate that because of non-appearance of some witnesses, case is

lingered on, therefore, this petition has been preferred.

7.

It is the submission of learned counsel for petitioner that only the

formal witnesses are left to depose before the learned Trial Court, wherein

police witnesses including Investigating Officer are not turning up for

deposition on summons, therefore, the learned Trial Court was compelled to

issue bailable warrants and in certain situations, even arrest warrants are

issued for securing the presence of police/formal witnesses.

8.

Right to Speedy Trial and Access of Justice is one of the fundamental

rights of the petitioner as enshrined under Article 21 of the Constitution. The

right to speedy trial extends equally to all criminal prosecutions and is not

confined to any particular category of cases. When delay is not caused at the

instance of informant/complainant party, it is all the more important the trial

be conducted in a time bound manner because already more than four and half

years have been spent.

9.

Some of the accused persons meanwhile i