High CourtsSingle Bench

Vikram And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 29 June 2022 · Citation: (2022) 06 UK CK 0101

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 309, 482 · Indian Penal Code, 1860 — Section 323, 427, 452, 504
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 1047 Of 2022
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Judgment

8 paragraphs · 251 words

Alok Kumar Verma, J

1.

This is an application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants-victims, to expedite the proceedings of Criminal Case No. 2125 of 2021, “State vs. Neeraj and Other”, pending before the court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar for the offence under Sections 452, 323, 504 and 427 of I.P.C.

2.

On 28.06.2022, the learned counsel for the State requested twenty four hours time to get instructions.

3.

Heard Mr. Pranav Singh, the learned counsel for the applicants and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

4.

The learned counsel for the State has no objection.

5.

The speedy and expeditious trial has been envisaged under Section 309 of the Code. The intention of the Legislature was that the proceedings in enquiry or trial should not be adjourned unnecessary and should be conducted expeditiously. Only if, there are “special reasons”, that alone can confer jurisdiction on the Court to adjourn the case.

6.

The said prayer of the applicants-victims is an innocuous prayer. Therefore, to carry out the mandate of Section 309 of the Code of Criminal Procedure Act, 1973, the learned trial court is directed to expedite the Criminal Case No. 2125 of 2021 and decide the said case expeditiously without giving any unnecessary adjournment to either of the parties.

7.

The Criminal Miscellaneous Application (No. 1047 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.