2025:UHC:6117 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 738 of 2025 15 July, 2025 Pallavi Goyal --Petitioner Versus State Of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. K.S. Rautela and Mr. Manoj Joshi, learned counsel for the petitioner. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/respondent Nos.1 and 2. Hon’ble Pankaj Purohit, J. (Oral) By means of the present criminal writ petition, the petitioner has sought the indulgence of this Court in the nature of Mandamus for a direction to the learned Trial Court to expedite and conclude the proceedings in Criminal Case No.4105 of 2021 State Vs. Ashok Kumar, arising out of Case Crime No.107 of 2021 dated 08.05.2021, for the offences punishable under Section 420 IPC, registered with P.S. Mukhani, District Nainital. 2. Learned counsel for the petitioner submits that the Criminal Case No.4105 of 2021 State Vs. Ashok Kumar, is pending adjudication before the learned Judicial Magistrate-First, Haldwani, District Nainital, after taking cognizance on 25.08.2021. He further submits that now nearly four years’ period is going to elapse, but the prosecution evidence is yet to be concluded, this is a gross miscarriage of justice and requires urgent intervention from this Court. He further submits that the prolonged inaction on the part of learned Trial Court has caused immense mental agony, harassment and hardship to the petitioner, who has 1 2025:UHC:6117 been actively cooperating with the judicial process. Such inordinate delay amounts to denial of justice and defeats the very purpose of lodging the complaint and pursuing it through proper legal channels and further the speedy justice is a fundamental right of the petitioner. 3. He further submits that three witnesses have already been examined by the learned Trial Court, while most of the witnesses are resident of Haldwani and nearby places, therefore, there is no impediment if the learned Trial Court be directed to expedite the hearing of the aforesaid criminal case. 4. Learned counsel for the petitioner made an innocuous prayer to expedite and conclude the proceedings in Criminal Case No.4105 of 2021 State Vs. Ashok Kumar, filed by the petitioner. 5. Learned State Counsel has no objection to such a request made by learned counsel for the petitioner. 6. Accordingly, the present criminal writ petition is allowed, with a direction to the learned Judicial Magistrate-First, Haldwani, District Nainital, to adjudicate and conclude the proceedings in Criminal Case No.4105 of 2021 State Vs. Ashok Kumar, pending before it, arising out of Case Crime No.107 of 2021 dated 08.05.2021, for the offences punishable under Section 420 IPC, registered with P.S. Mukhani, District Nainital, expeditiously within a period of one year from the date of production of a certified copy of this order. (Pankaj Purohit, J.) 15.07.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3833 1bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE 064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.18 15:02:37 +05'30'