The court emphasized the necessity of timely trial proceedings to prevent evidence tampering and directed Jail Authorities to ensure the presence of accused during trials.

JUDGMENT :

Rajeev Misra, J.

1. Heard Ms. Muskan Pandey, the learned counsel for applicant, Mr. J.K. Upadhyay, the learned A.G.A.-1st for State-opposite party-1 and Mr. Shailendra Kumar Singh, the learned counsel representing accused/opposite party-12.

2. Perused the record.

3. Applicant-Smt. Rajni 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 graciously be pleased to allow this applicant and direct the learned court of Additional Session Judge, Court No.7, Moradabad to conclude the proceeding of Session Trial No. 28 of 2024: State Vs. Suryakant @ Shanu and others (Pending in the Court of Additional Session Judge, Court No.7, Moradabad) in relation to Case Crime No. 598 of 2023, under section 302, 307, 120B, 34 of I.P.C., Police Station Majhola, District Moradabad within a stipulated period as may be directed by this Hon'ble Court and not to grant unnecessary adjournment to either of the parties, during the pendency of the present criminal misc. application, otherwise the applicant shall suffer irreparable loss and injury.

And/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case."

4. Present application came up for admission on 22.10.2024 and this Court passed the following order:

"1. Heard learned counsel for applicant, Mr. Manish Goel, learned Additional Advocate General assisted by Mr. J.K. Upadhyay, learned Additional Government Advocate appearing for opposite party no.1 State, Mr. Atiqur Rahman Siddiqui, learned counsel for opposite parties no.4 & 5 and Mr. Shailendra Kumar Singh, learned counsel for opposite party no.12 whose power filed today in Court is taken on record.

2. Issue notice to opposite parties no.2,3, 6 to 11 and 13, returnable at an early date.

3. Application under Section 482 Cr.P.C. has been filed seeking expeditious conclusion of Sessions Trial No. 28 of 2024; State vs. Suryakant @ Shanu & Others (pending in the Court of Additional Session Judge, Court No.7, Moradabad) relating to Case Crime No.598 of 2023, under Sections 302, 307, 120B, 34 I.P.C., Police Station Majhola, District Moradabad.

4. Earlier this Court had required the trial court to submit its report with regard to delay in trial proceedings in view of submissions advanced by learned counsel for applicant that despite directions issued by this Court earlier in Criminal Misc. Bail Application No. 52841 of 2023, Kamal Veer vs. State of U.P. vide order dated 08.01.2024 for a direction to the trial court to conclude trial against applicant as expeditiously as possible, preferably within a period of one year, which was reiterated in Criminal Misc. Bail Application No. 16271 of 2024, Amit vs. State of U.P. vide order dated 27.05.2024, the proceedings are yet pending consideration at the stage of cross-examination of P.W.1 only.

5. In pursuance of directions issued earlier, report dated 19.10.2024 has been submitted by trial court indicating reasons for continued pendency of aforesaid trial. A perusal of aforesaid report will indicate that the sessions trial has been connected with other trial with regard to the incident and indicates 125 witnesses. Report also indicates that on various occasions, the accused have not been produced by the Jail Authorities due to which warnings have been issued by the trial court to Jail Authority but to no avail. It has been reported that on days when presence of accused was to be ensured through video conferencing, the same also could not take place due to unavoidable technical reasons. The report specifically indicates that cross-examination of P.W.1 Sukhpal Singh is underway for which 29.10.2024 is the next date fixed.

6. Learned counsel for applicant has also drawn attention to