Uttarakhand High Court upholds its inherent powers under Section 482 CrPC to enforce expeditious disposal of long-pending trials, imposing a two-year deadline—binding on the concerned Magistrate and persuasive for similar petitions.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1364/2025 of MUKESH KUMAR Vs CHIEF JUDICIAL MAGISTRATE, MUSSOORIE |
| CNR | UKHC010122652025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed with direction (Allowed) |
| Judgment Author | Hon’ble Mr. Justice Pankaj Purohit |
| Court | High Court of Uttarakhand at Nainital |
| Bench | Single Judge |
| Questions of Law | Whether the inherent powers of the High Court can be exercised to direct expeditious completion of a pending trial to uphold the fundamental right to speedy justice. |
| Ratio Decidendi |
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| Facts as Summarised by the Court | The applicant’s Criminal Case No. 682 of 2021, under multiple IPC sections, had been pending before the Magistrate, Mussoorie, for four years without decision; the respondent raised no objection to expediting the trial. |
| Citations |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | Learned Chief Judicial Magistrate, Mussoorie, Dehradun (in Criminal Case No. 682 of 2021) |
What’s New / What Lawyers Should Note
- Confirms that the High Court may invoke its inherent powers under Section 482 CrPC to secure the right to speedy trial when a criminal case has been unreasonably delayed.
- Establishes that a specific timeline (two years) can be imposed by the High Court for the conclusion of a pending trial.
- Emphasizes that parties must refrain from seeking unnecessary adjournments once such a timeline is fixed.
Summary of Legal Reasoning
- The applicant sought a direction to expedite Criminal Case No. 682 of 2021, pending for four years.
- Respondent did not oppose the petition.
- The Court noted the petitioner’s fundamental right to speedy justice.
- It held that undue delay in trial warrants exercise of inherent powers under Section 482 CrPC.
- The Court directed the Magistrate to conclude proceedings within two years from production of certified copy of the order.
- It further prohibited parties from taking unnecessary adjournments.
Arguments by the Parties
Petitioner
- The trial in Criminal Case No. 682 of 2021 has been pending for four years without any decision.
- Continuing delay violates the fundamental right to speedy justice and amounts to abuse of process.
Respondent
- No objection to the prayer for expeditious disposal of the pending trial.
Factual Background
The applicant filed a C528 application under Section 482 CrPC seeking a direction to the Chief Judicial Magistrate, Mussoorie, to expedite Criminal Case No. 682 of 2021, which involved various IPC offences and had been pending for four years. Learned counsel for the respondents raised no objection. Recognizing the petitioner’s fundamental right to a speedy trial, the High Court disposed of the application by directing the Magistrate to conclude the trial within two years and restrained parties from seeking unnecessary adjournments.
Statutory Analysis
- The Court exercised its inherent powers under Section 482 CrPC to secure the ends of justice by addressing undue delay.
- It invoked the fundamental right to speedy justice as the basis for judicial intervention.
- No other statutory or constitutional provisions were discussed.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:UHC:7230 (High Court of Uttarakhand)
- Criminal Misc Application No. 1364 of 2025
- CNR UKHC010122652025