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Harmeet Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 15 July 2022 · Citation: (2022) 07 UK CK 0080

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 309, 482 · Indian Penal Code, 1860 — Section 302, 506 · Arms Act, 1959 — Section 25 · Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 1194 Of 2022
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Judgment

10 paragraphs · 338 words

Alok Kumar Verma, J

1.

This is an application under Section 482 of the Code of Criminal Procedure, 1973.

2.

Heard Mr. M.K. Ray, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

3.

Mr. M.K. Ray, the learned counsel for the applicant/informant/victim submitted that the applicant-victim had earlier filed an application under Section 482 of the Code of Criminal Procedure, 1973 to direct the concerned court to decide the Sessions Trial No. 92 of 2017, “State of Uttarakhand Vs. Nitant Baba and others”, under Sections 302, 506 of IPC and under Section 25 of the Arms Act.

4.

The learned counsel for the applicant further submitted that the said application (C482 No. 2843 of 2019), was decided by the Co-ordinate Bench on 18.12.2019 by directing the concerned court to decide the said case, as expeditiously as possible, in accordance with law.

5.

The learned counsel for the applicant further submitted that the said case is still pending and requested to direct the trial court to decide the said Sessions Trial, expeditiously.

6.

The learned counsel for the State has no objection.

7.

The speedy and expeditious inquiry and trial have been envisaged under Section 309 of the Code of Criminal Procedure. The intention of the Legislature was that proceedings in inquiry or trial should not be adjourned unnecessarily and should be conducted expeditiously. The speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed under Article 21 of the Constitution of India. A criminal trial has its own gravity and sanctity.

8.

Having heard the learned counsel for the parties, keeping in mind the mandate of the Constitution and the scheme of Section 309 of the Code of Criminal Procedure, the concerned Trial Court is again directed to expedite the said Sessions Trial and decide the same, as expeditiously as possible, in accordance with law.

9.

The Criminal Miscellaneous Application No.1194 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.