Arun Kumar v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS UKHC010136762026

2026:UHC:6851

UKHC010136762026 C528/1698/2026 Arun Kumar --Applicant Versus State of Uttarakhand & others --Respondents

Hon'ble Rakesh Thapliyal, J.

Mr. Saurabh Kumar Pandey, learned counsel for the applicant.

¶2Mr. B.C. Joshi, learned AGA for the State of Uttarakhand/1.

¶3The instant petition is preferred by the applicant – Arun Kumar S/o Late Paras Ram, under Section 528 of BNSS, 2023, for expediting the proceedings of Special Sessions Trial No.23 of 2023, "State Vs. Ashwini Pant and others" arising out of Case Crime No.304 of 2022, wherein, the accused persons have been summoned to face the trial for the offences punishable under Sections 323, 504 and 506 of IPC read with Sections 3 (1) (r) and 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Vth Additional Sessions Judge, Dehradun.

¶4It is argued by the learned counsel for the applicant that in the present case the chargesheet was filed on

17.02.2023, and thereafter, discharge application was moved by the accused persons, which was rejected on 29.06.2025, but up till date trial has not been expedited though the discharge application was dismissed one year back. He submits that as per the mandate of Section 14 (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 that "every trial in respect of the penal provisions under the SC and ST Act has to be expedited within two months from the date of the presentation of the chargesheet". He submits that though in the meantime the discharge application was moved but the same was rejected one year back, therefore, at least from the date when the discharge application was rejected, the trial should be expedited strictly as per the mandate of Section 14 (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶5I found force on the submissions of the learned counsel for the applicant and Mr. B.C. Joshi, learned AGA also supports the submissions of learned counsel for the applicant and submits that in view of the mandate of Section 14 (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, such proceedings should be expedited as early as possible.

¶6The relief as sought appears to be innocuous and in view of the mandate of Section 14 (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the trial should be expedited.

¶7In such view of the matter, the instant C528 applications stands disposed of finally with a direction to the court of learned Vth Additional Session Judge, Dehradun, to expedite the proceedings of Special Sessions Trial No.23 of 2023, "State Vs. Ashwini Pant and others" arising out of Case Crime No.304 of 2022, as early as possible preferably within four months from the date of the presentation of the certified copy of this order.

¶8It is further made clear that the Trial Court while expediting the trial court proceedings will not grant any unnecessary adjournment to either of the parties. (Rakesh Thapliyal, J.)

04.08.2026 Nitesh/