High CourtsSingle Bench

Priya Masih vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 5 December 2023 · Citation: (2023) 12 UK CK 0020

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 309, 482 · Indian Penal Code, 1860 — Section 323, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 2315 Of 2023
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Judgment

6 paragraphs · 227 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to direct the Additional Chief Judicial Magistrate, Roorkee, District Haridwar to expedite the Criminal Case No.1095 of 2015, “State vs. Robert Alwin & Others”, pending under Sections 498 A, 323, 504, 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.

2.

The Application, filed under Section 482 of the Code of Criminal Procedure, 1973, has not been opposed by the State.

3.

Speedy and expeditious enquiry and trial have been envisaged under Section 309 of the Code of Criminal Procedure, 1973. The intention of the Legislature was that proceedings in enquiry 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.

4.

Therefore, keeping in mind the mandate of the Constitution of India and the scheme of Section 309 of the Code of Criminal Procedure, 1973, the concerned Trial Court is directed to expedite the said Criminal Case No.1095 of 2015 and decide the same as expeditiously as possible in accordance with law.

5.

The Criminal Miscellaneous Application (No.2315 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, stands disposed of accordingly.