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2025:UHC:4629 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 577 of 2025 06 June, 2025
Deepak Singh
--Petitioner Versus
State Of Uttarakhand & another
--Respondents ------------------------------------------------------------------------ Presence:- Mr. Pooran Singh Rawta, learned counsel for the petitioner. Mr. S.S. Chauhan, learned DAG along with Mr. Vikas Uniyal, learned Brief Holder for the State/ ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J.
By means of the present writ petition, petitioner has sought the following reliefs:-
“(i) Issue a writ order direction in the nature of mandamus commanding the learned appellate court to decide the Criminal Appeal No.35 of 2023, Geeta Bisht vs. Deepak Singh & another, pending in the court of Sessions Judge, Almora, Uttarakhand on an early date and if possible some specific period may kindly be directed. (ii) Issue a suitable rule, order or direction which this Hon’ble Court may deem fit and proper to decide promptly the Criminal Appeal No.35 of 2023-Geeta Bisht vs. Deepak Singh & another, pending in the court of Sessions Judge, Almora, Uttarakhand.
2.
Learned counsel for the petitioner submits that brother of the wife of petitioner, Shri Kamal Singh lodged an FIR against him, wherein he was acquitted in Criminal Case No.350 of 2022, State vs. Deepak Singh 1
2025:UHC:4629 as no case was proved against the petitioner in the alleged FIR. Being unsatisfied from the acquittal of the petitioner, wife of the petitioner filed an appeal under Section 372 of Criminal Procedure Code in the court of Sessions Judge, Almora on 09.08.2023 and the said appeal was registered as a Criminal Appeal No.35 of 2023, Smt. Geeta Bisht & Deepak Bisht & another. He further submits that petitioner being aggrieved from the continuous adjournment in the trial court, is before this Court.
3.
An innocuous prayer has been made by petitioner to direct the appellate court to expedite the proceedings of the aforesaid appeal pending before it.
4.
Having considered the
facts and circumstances of the case, the writ petition is allowed. Learned Sessions Judge, Almora is directed to decide the Criminal Appeal No.35 of 2023, Geeta Bisht vs. Deepak Bisht & another as early as possible preferably within six months from the date of production of a certified copy of this order.
5.
Pending application, if any, stands disposed of.
(Pankaj Purohit, J.) 06.06.2025
AK
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