Sanjeev Kumar Raheja Vs State Of Uttarakhand and Another

WPCRL no. 503 of 2014

U.C. Dhyani, J.

Mr. Vipul Sharma, Advocate for the petitioner.

Mr. V.S. Pal, AGA for the respondent State. Although it is a new Sessions Trial pertaining to the year 2013 and in this way not an old one, but the contention of learned counsel for the petitioner is that out of two accused, one is at large and he is threatening the prosecution witnesses. According to learned counsel, charge-sheet was submitted against Lakhvindar Singh (respondent no. 2 herein) and Gurmeet Singh, who has absconded, and his case has been separated. It is on account of such threats to the prosecution witnesses that the petitioner wants an early disposal of S.T. no. 351 of 2013, Stave vs Lakhvindar Singh, under Sections 302 / 120B / 34 / 506 of IPC.

¶5

Normally this Court would not have taken cognizance of such contention of learned counsel for the petitioner, in as much as the Sessions Trial is of 2013, but is inclined to accede to such innocuous prayer in view of the threat, allegedly, being given by the absconder accused to the prosecution witnesses.

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Speedy trial is one of the fundamental rights of a person guaranteed under Article 221 of the Constitution of India and, that is why, the notice is not being issued to respondent no. 2.

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The innocuous prayer made by learned counsel for the petitioner is allowed.

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It is provided that learned Sessions Judge concerned shall make an endeavour to decide S.T. no. 351 of 2013, State vs Lakhvindar Singh at an earliest possible.

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With the above direction, the criminal writ petition is disposed of summarily at the threshold. CLMA no. 4673 of 2014 also stands disposed of.

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HN

Sanjeev Kumar Raheja v. State Of Uttarakhand and Another

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Sanjeev Kumar Raheja v. State Of Uttarakhand and Another

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