SURESH KUMAR UPADHAYAY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.G.A.

(2.) The trial pending before the Fast Track Court. First Tract does not mean injustice ot the accused. There is a specific direction by this Court by its order dated 3-12-2001 to supply a copy of the statement of the complainant to the accused before framing the charge. The application filed on behalf of the accused that his counsel has gone out to Lucknow in connection with a marriage and will not be available on the date on which the Fast Tract Court is to frame charge. It was also contended as a fact that copy of the statement under Section 161, Cr.P.C. of the complainant was not provided to him as yet.

(3.) In the circumstances, the order framing charge ought not to have been passed by the trial Court. The dispensation of justice should not be made post haste. It must give an indication that justice is being done not only for the sake of doing it but also must appear to have been done to the party, who is going to be affected by this kind of dispensation of justice. The trial Court is, therefore, directed to provide a copy of the statement of the complainant for which he is entitled under the law under Section 207, Cr.P.C.