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2026 DAILYLAW 6499 (UTT)

YASMEEN v. STATE OF UTTARAKHAND

C482/1093/2024 · 2026-06-05

Siddhartha Sah

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 05.06.2026 C482 No.1093 of 2024 Hon’ble Siddhartha Sah, J. Mr. Mohd. Umar, learned counsel for the applicant. 2. Mr. S.S. Chauhan, learned DAG along with Mr. Vikash Uniyal, learned Brief Holder for the State/respondent no.1. 3. Mr. Shariq Khurshid, learned counsel for respondent nos.3, 4 & 5. 4. By means of this C-482 application, it has been prayed that the proceedings of Criminal Case No. 154 of 2023 (arising out of Case Crime No. 312 of 2022), State vs. Sonu & Others, under Sections 323, 498-A, 504 and 506 IPC, Police Station ITI, District Udham Singh Nagar, pending before the Judicial Magistrate, Kashipur, District Udham Singh Nagar, be concluded as expeditiously as possible, preferably within the time period stipulated by this Court. 5. It has been stated that the applicant had lodged an FIR registered as Crime No. 312 of 2014 under Sections 323, 498-A, 504 and 506 IPC. After lodging of the FIR, an investigation was carried out and a charge sheet was filed against the accused persons. After receipt of the charge sheet, the trial court took cognizance thereof and the accused persons were summoned to face trial in Criminal Case No. 154 of 2023. The respondent nos. 3, 4 and 5 have obtained bail in the said case, whereas respondent no. 2 has still not appeared and summons have continuously been issued against him. It has been further pleaded that the aforesaid trial has been pending since long and the same is proceeding at a snail's pace. Even after the expiry of more than a year, the case is still at the stage of issuance of summons to accused/respondent no. 2. It has further been pleaded that there are no laches on the part of the complainant/applicant and that the trial is being prolonged only due to the delaying tactics adopted by the accused persons, though a speedy trial is a right of the accused. 6. Learned counsel for the State would submit that though a speedy trial is a right of the accused, no outer time limit could be fixed by the High Court. 7. Learned counsel for respondent nos. 3, 4 and 5 would submit that he has no objection to the expeditious disposal of the case. 8. In view of the aforesaid facts and circumstances of the case, and considering that the trial has been pending since 2022 and has not proceeded beyond the stage of issuance of summons to respondent no. 2, this Court, in exercise of the powers under Section 483 Cr. P.C., directs the Judicial Magistrate, Kashipur, District Udham Singh Nagar, to expedite the proceedings of Criminal Case No. 154 of 2023 (arising out of Case Crime No. 312 of 2022), State vs. Sonu & Others, under Sections 323, 498-A, 504 and 506 IPC, Police Station ITI, District Udham Singh Nagar, pending before it, and to conclude the same as expeditiously as possible, without granting any undue adjournment to either of the parties. 9. With the aforesaid directions, the C-482 application stands disposed of. (Siddhartha Sah, J.) 05.06.2026 BS