SURESH KUMAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned counsel for the appellants and learned A. G. A.

(2.) THE trial is pending before the Fast Tract Court. Fast Tract does not mean injustice to 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 adverted to above, the trial Court is directed to provide the applicant a copy of the statement of the informant within seven days. He will also be afforded an opportunity of amendment of charge, for which the applicant shall make an application, if any such change or amendment is felt required. Before proceeding with the trial, the trial Court will look into that application and after due application of mind shall pass necessary orders.