LAWS(ALL)-2011-12-224

SURYA NATH Vs. STATE OF U P

Decided On December 01, 2011
SURYA NATH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned AGA and perused the progress report dated 10.5.2011 submitted by the C.J.M. Deoria.

(2.) The learned counsel for the petitioners submitted that the criminal case is of the year 1993 and since then eighteen years have elapsed, even then the trial is pending for want of prosecution evidence. According to the progress report, the trial remained pending for several years for want of attendance of the accused persons. However, the charges were framed on 8.12.1997 and case remained pending for prosecution evidence for several years and the prosecution failed to examine any witness. The trial is lying stayed from 2005 under orders of this Court.

(3.) A copy of the order sheet of the concerned criminal case is on record, perusal whereof reveals that several dates had been fixed for prosecution evidence but the prosecution failed to produce any evidence during the period of eight years, i.e. from the year 1997 to 2005.