Devendra Singh @ Lamba And Two Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants – accused persons have filed the present application under Section 407 of the Code of Criminal Procedure, 1973, to transfer the Sessions Trial No.90 of 2017, “State vs. Devendra Singh alias Lamba and Others”, from the court of Ist Additional District Judge, Kashipur, District Udham Singh Nagar to the court of IIIrd Additional District Judge Rudrapur, District Udham Singh Nagar.

Heard Mr. Naveen Singh Bisht, learned counsel for the applicants and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

During the arguments, the learned counsel for the applicants submitted that the present matter may be disposed of with the direction to the Ist Additional District Judge, Kashipur to decide the said Sessions Trial expeditiously.

The learned counsel for the State has no objection.

This is an innocuous prayer.

Speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed by Article 21 of the Constitution of India. The speedy and expeditious trial has been envisaged under Section 309 of the Code of Criminal Procedure. The intention of the Legislature was that proceedings in enquiry or trial should not be adjourned unnecessary and should be conducted expeditiously.

Therefore, keeping in mind the mandate of the Constitution and the scheme of Section 309 of the Code, the learned Ist Additional Sessions Judge, Kashipur is directed to expedite the proceedings of the said Sessions Trial No.90 of 2017, “State vs. Devendra Singh alias Lamba and Others” and complete the trial most expeditiously without granting any unnecessary adjournment to either party.

C407 (No.12 of 2022) is disposed of accordingly.