WPCRL/841/2022 of JASMINDER KAUR CHABBRA Vs STATE OF UTTARAKHAND
Parties
- This Writ Petition has been filed under Article 227 of the Constitution of India to direct the Chief Judicial Magistrate, Dehradun to decide the Criminal Case No.1732 of 2019, “State (PETITIONER)
- Ravi Bangia”, under Section 406 and Section 420 of the IPC, as expeditiously as possible (RESPONDENT)
Cites (2 resolved of 5 detected)
Statutes cited (4)
- indian penal code, 420 (1860)
- code of criminal procedure, 309 (1973)
- constitution of india, article-227 (1950)
- constitution of india (1950)
Full text
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
07[TH] MAY, 2022
CRIMINAL WRIT PETITION NO. 841 of 2022
Between:
Jasminder Kaur Chabbra
……..Petitioner
and
State of Uttarakhand and Another …Respondents
Counsel for the Petitioner : Mr. Sanpreet Singh Ajmani. Counsel for the State/ : Mr. T.C. Agarwal, learned Respondent No.1 Deputy Advocate General
: Mr. T.C. Agarwal, learned
Deputy Advocate General for the State.
Hon’ble Alok Kumar Verma,J.
This Writ Petition has been filed under Article 227 of the Constitution of India to direct the Chief Judicial Magistrate, Dehradun to decide the Criminal Case No.1732 of 2019, “State vs. Ravi Bangia”, under Section 406 and Section 420 of the IPC, as expeditiously as possible.
2.Heard Mr. Sanpreet Singh Ajmani, the learned counsel for the petitioner and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.
3. This is an innocuous prayer.
The learned counsel for the State has no
objection.
The speedy and expeditious trial has been
envisaged under Section 309 of the Code of Criminal Procedure, 1973. The intention of the Legislature was that the proceedings in enquiry of trial should not adjourned unnecessarily and should be conducted expeditiously. criminal trial has its own gravity and sanctity. The trial court has to be mindful that for the protection of witnesses and also in the interest of justice, the mandate of Section 309 of the Code of Criminal Procedure has to be complied with.
6. Therefore, the Chief Judicial Magistrate, Dehradun is directed to carry out the mandate of Section 309 of the Code of Criminal Procedure, as directed by the Hon’ble Supreme Court in the State of U.P. Vs. Shambhu Nath Singh and Others, (2001) 4 SCC 667, Mohd. Khalid vs. State of West Bengal, (2002) 7 SCC 334 and Vinod Kumar vs. State of Punjab, (2015) 3 SCC 220.
7. With these directions, the Writ Petition No.841 of 2022 is disposed of, accordingly.
___________________
ALOK KUMAR VERMA, J.