Ishwer Chand Verma vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application under Section 482 of the Code of Criminal Procedure, 1973 to direct the Chief Judicial Magistrate, Haridwar to decide the Criminal Case No.16539 of 2019, “State vs. Ishwer Chand Verma”, under Section 336 of IPC and Section 30 of the Arms Act, 1959 within the stipulated time period.

Heard Mr. Birendra Singh Adhikari, learned counsel for the applicant-accused and Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State.

The learned counsel for the State has no objection.

This is an innocuous prayer.

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.

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 Chief Judicial Magistrate, Haridwar is directed to expedite and complete the trial most expeditiously without granting any unnecessary adjournment to either party.

The Criminal Miscellaneous Application No.1100 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.