SITA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Manzarul Islam, Advocate, learned counsel for the applicant Sita Ram and also Sri Jagdish Tiwari, learned counsel for the State at a great length, Sri Jagdish Tiwari has also filed counter-affidavit.

(2.) Applicant Sita Ram is in Jail in connection with offences under S.302/323, I.P.C. in Crime No. 221 of 1985, Police Station, Badshahpur, District Jaunpur.

(3.) The learned counsel for the applicant has filed a certified copy of the order-sheet of the Court of Chief Judicial Magistrate, Jaunpur in connection with the present case showing thereby that the case was put up before the Chief Judicial Magistrate, Jaunpur commencing from 18-1-1986 to 17-10-1986 on several dates. The order-sheet dt. 17-10-1986 shows that the Chief Judicial Magistrate, Jaunpur has fixed 31-10-1986 for committing the accused to the Court of Session. A perusal of the certified copy of the order-sheet further goes to show that the charge sheet in the instant case was filed in the Court of Chief Judicial Magistrate, Jaunpur on 18-1-1986 and ever-since, the case has come up before the Chief Judicial Magistrate, Jaunpur on as many as 20 occasions, but yet the accused persons were not committed to the Court of Session without any valid reason. It is, therefore, abundantly clear that the accused Sita Ram has been in Jail since November, 1985 awaiting his commital to the Court of Session till today. This sorry state of affairs of the Court speaks volumes as to how the proceedings were allowed to drag on since 18-1-1986 to 17-10-1986 and the accused were not committed to the Court of Session for their trial.