C482/1556/2023
2023 Latest Caselaw 2054 UK

                     Office Notes, reports,
SL.                orders or proceedings or
         Date                                              COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures

      03.08.2023                                C482 No. 1556 of 2023
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Kshitij Sah, Advocate, for the applicant.

Mr. Siddharth Bisth, Brief Holder, for the State.

On the basis of the Challani Report which was submitted by the Sub- Inspector, Laxman Jhula, Pauri Garhwal under Section 145 of CrPC, a proceeding of Case No. 1 of 2022-23, State Vs. Keshvanand and another, stood instituted before the Court of Sub Divisional Manager, being the proceedings under Section 145 of CrPC, in which the applicant has been summoned to be tried by the Court of Sub Divisional Magistrate.

Despite having put in appearance, the same is pending consideration and has not been decided yet. The applicant seeks a direction that the Sub Divisional Magistrate, Kotdwar, Yamkeshwar, District Pauri Garhwal, may be directed to decide the aforesaid proceedings under Section 145 of CrPC as expeditiously as possible.

Being conscious of the fact that the High Courts are not suppose to issue directions to decide a proceeding expeditiously until and unless it is statutorily provided under the Act. But, still if such direction is issued to decide the matter while exercising its inherent powers, the same has had to be within the framework of law as laid down by the Hon'ble Apex Court, governing the field of the directions for expeditious disposal of the case.

This C482 Application is being disposed of directing the Sub Divisional Magistrate, Kotdwar Yamkeshwar, District Pauri Garhwal, to decide the aforesaid Case No. 1 of 2022-23, State Vs. Keshvanand and another as expeditiously as possible, but this direction would not mean to eradicate the procedure prescribed by the Hon'ble Apex Court in the judgment as reported in 2006 (5) SCC 386, K.P. Sudhakaran and Another Vs. State of Kerala and others.

The Sub Divisional Magistrate is expected to decide the aforesaid proceedings within a period of 4 months from the date of production of the certified copy of this order.

(Sharad Kumar Sharma, J.) 03.08.2023 Mahinder/