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2025 DAILYLAW 9990 (UTT)

MUKESH KUMAR v. CHIEF JUDICIAL MAGISTRATE, MUSSOORIE

C528/1364/2025 · 2025-08-18

Pankaj Purohit

body2025

Judgment text

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2025:UHC:7230 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No.1364 of 2025 18th August, 2025 Mukesh Kumar ……….Applicant Versus Chief Judicial Magistrate and others …………Respondents ---------------------------------------------------------------------- Presence:- Mr. Raghav Singhal, Advocate for the applicant. Mr. Bhuwan Bhatt, Advocate for the respondents. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of this C528 application, the applicant has prayed for the following relief:- “A. Issue a direction to the learned Chief Judicial Magistrate, Mussoorie, District Dehradun to expedite the proceedings of Criminal Case No.682 of 2021, under Sections 420, 191, 192, 193, 405, 406, 463, 464, 465, 468, 470, 471 and 120-B of IPC.” 2. Learned counsel for the applicant submits that the Criminal Case No.682 of 2021, Sri Mukesh Kumar Vs. Sri Rakesh Kumar and another, is pending before the learned Chief Judicial Magistrate, Mussoorie, Dehradun, for four years and till now no decision has been taken in the said case and it would be in the interest of justice if the same would be decided expeditiously. 3. Learned counsel for the respondent has no objection to the said prayer of learned counsel for the applicant. 1 2025:UHC:7230 4. The prayer made by learned counsel for the applicant is innocuous. The petitioner has fundamental right of speedy justice. The trial is undoubtedly going-on at a very slow pace, therefore interference in warranted by this Court. 5. Accordingly, the C528 application stands disposed-off with a direction to learned Judicial Magistrate, Mussoorie, Dehradun, to decide and conclude the proceedings of Criminal Case No.16 of 2023 (Old No.682 of 2021 in the court of learned Chief Judicial Magistrate, Mussoorie, Dehradun), Sri Mukesh Kumar Vs. Sri Rakesh Kumar and another, as early as possible, but not later than two years, from the date of production of certified copy of this order. It is further provided that parties shall not take any unnecessary adjournment in this matter. (Pankaj Purohit, J.) 18.08.2025 SK 2