325 & 504 I.P.C. 'State vs Unknown
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Uttarakhand High Court

325 & 504 I.P.C. 'State vs Unknown on 20 March, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes,
                   reports, orders
                   or proceedings
SL.
        Date       or    directions                   COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      20.03.2025                      C-528 No. 164 of 2025
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. Bilal Ahmed, counsel for the petitioner.

2. Mr. Deepak Bisht, learned Deputy A.G. for the State.

3. By means of this petition, petitioner/accused seeks the following relief:-

"(i) To direct the learned court below to decide the Criminal Case No. 676 of 2013 under Sections 323, 325 & 504 I.P.C. 'State Vs. Sanju', pending in the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar within three months or time specific by this Court".

3. Learned counsel for the petitioner would submit that the matter is pending before the trial court since 2013; that, repeated opportunities the witnesses are not appearing before the trial court; that, the petitioner is getting unnecessarily harassed without any fault; that, the petitioner is sincerely appear regularly before the Court.

4. This Court cannot be oblivious of the fact that there is huge pendency and backlog of cases in civil courts and any direction for expeditious disposal will further overburden the court below. By issuing direction for expeditious disposal, one case cannot be prioritized over others.

5. The Hon'ble Supreme Court in plethora of judgment had observed that that Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. However, in view of the special facts and circumstances of the present case, this Court is of the considered view that the trial court may be requested to decide this case expeditiously.

6. Accordingly, the present petition is disposed of with the request to the trial court to decide the Criminal Case No. 676 of 2013 under Sections 323, 325 & 504 I.P.C. 'State Vs. Sanju', pending in the Court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar as expeditiously as possible preferably within a period of one year.

7. Pending applications, if any, stand disposed of accordingly.

(Vivek Bharti Sharma, J.) 20.03.2025 Mamta