Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2790 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.713 of 2026 Hon’ble Alok Mahra, J.
Mr. Vaibhav Singh Chauhan, Advocate for the applicant.
Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.
2. By means of the present Criminal Miscellaneous Application, the applicant seeks a direction to the learned Vth Additional Chief Judicial Magistrate, Dehradun, for expeditious disposal of Case No. 304 of 2012 (CGC No.1097 of 2013).
3.
Learned counsel for the applicant submits that the applicant is an accused in Case Crime No. 329 of 2010. It is contended that although charges were framed as far back as 16.05.2017, the progress of the trial has remained inordinately slow. After framing of charges, only one prosecution witness has been examined, that too on 29.09.2021, and thereafter no further prosecution evidence has been recorded till date. It is further submitted that the applicant has been facing the rigours of criminal proceedings for a prolonged period of time without any substantial progress in the trial, which amounts to denial of his right to speedy trial.
Learned counsel further submits that the delay is not attributable to the applicant and, therefore, appropriate directions may be issued to the trial Court to conclude the proceedings within a stipulated time frame.
2026:UHC:2790
4. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material available on record, this Court finds that the trial has remained pending for an unduly long period. Despite the framing of charges in the year 2017, only one prosecution witness has been examined and that too in the year 2021. The record does not indicate any justifiable reason for such protracted delay. The right to speedy trial is a fundamental right guaranteed under Article 21 of the Constitution of India, and it is incumbent upon the trial Courts to ensure that criminal proceedings are concluded within a reasonable time.
5. In view of the aforesaid facts and circumstances, the present application is
disposed of with a direction to the learned Vth Additional Chief Judicial Magistrate, Dehradun, to make all possible endeavours to conclude the trial of Case No. 304 of 2012 (CGC No.1097 of 2013), expeditiously, preferably within a period of nine months’ from the date of production of a certified copy of this
order, without granting unnecessary adjournments to either of the parties.
(Alok Mahra, J.) 18.04.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20ddd b7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874 46351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.18 17:36:11 +05'30'