A petition under Section 482 Cr.P.C. sought directions for the speedy disposal of a criminal case pending for over four years. The court observed the inordinate delay and the petitioner's age and disability.
Directions to decide the pending criminal case within six months from the date of receipt of certified copy of this order.
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C482 No. 05 of 2014
Hon’ble V.K. Bist, J.
Mrs. Neetu Singh, Advocate for the petitioner.
Mr. H.O. Bhakuni, Brief Holder for the State.
Heard.
Instant petition has been filed seeking directions to the Court of 2nd Addl. Judicial Magistrate, Roorkee, District Haridwar to decide the Case No. 1142 of 2013, ‘State vs. Prateek Sharma’, under Section 279, 338 I.P.C., pending before him.
Counsel for the petitioner submits that proceeding of said case is pending since 2009 and about 4 years have passed, however the case has yet not been decided. It is also submitted that private respondent is taking unnecessary adjournments in the matter. It is further submitted that the petitioner is having 67 years of age, who is a handicapped person and he intends for early disposal of the case.
Since the case is pending for last four years, the instant petition filed under Section 482 Cr.P.C. is disposed of with the direction to the Court of 2nd Addl. Judicial Magistrate, Roorkee to decide the Case No. 1142 of 2013, ‘State vs. Prateek Sharma’, under Section 279, 338 I.P.C., pending before him, expeditiously, preferably within a period of 6 months from the date of production of a certified copy of this order.
NCM:
(V.K. Bist, J.) 03.01.2014
1 issue framed by the court
Whether to direct the concerned Magistrate to dispose of the pending criminal case expeditiously.
3 provisions across 2 enactments
Mrs. Neetu Singh
The State
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
