CHHAYA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present application under Section 482 Cr.P.C., the applicant seeks that the adjournment during the course of trial in S.T. No. 189 of 2013, pending in the court of 1st Additional Sessions Judge, Nainital, may not be allowed to the accused persons even on the grounds of the counsel being engaged in some other court, or on any other pretext, till the evidence of the prime witness viz., the applicant, aged about 80 years, is not completed. At least till that stage the proceedings must go on day -to -day basis.

(2.) THE applicant lodged an FIR against four named accused, including the respondents no. 2 to 4, for the offences punishable under Sections 307, 506 IPC read with Section 34 IPC, which was later on converted into Section 302 IPC and other penal sections. After investigation of the case, a chargesheet was submitted against respondents no. 2 to 4 for the self same offences alongwith Section 27/30 Arms Act. The case was committed to the court of sessions. Presently S.T. No. 189/2013 is pending in the court of 1st Additional Sessions Judge, Nainital.

(3.) CERTAIN amendments were incorporated by the Legislature in Section 309 Cr.P.C., which deals with power to postpone or adjourn proceedings. It says, among other things, that: