Uttarakhand High Court
Gulfsha vs State Of Uttarakhand And Others on 24 March, 2026
2026:UHC:2087
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C-528 No. 455 of 2026
Gulfsha
--Applicant
Versus
State of Uttarakhand and Others
--Respondents
Hon’ble Ashish Naithani, J.,
Mr. Vinod Chandra, learned counsel for the Applicant.
2. Mr. S.C. Dumka, learned A.G.A. for the State of
Uttarakhand.
3. By means of the present C-528 Application, the Applicant
seeks the indulgence of this Hon’ble Court to pass an order for
expeditious hearing of the proceedings arising out of Criminal Case
No. 2393 of 2022 (Old No. 8088 of 2022) (FIR No. 0433 of 2021),
“State vs. Afjal and Others”, under Sections 323, 498A, 504 IPC,
Section 3/4 of the Dowry Prohibition Act, 1961, and Section 3/4 of
the Muslim Women (Protection of Rights on Marriage) Act, 2019,
registered at Police Station Kotwali, Jwalapur, District Haridwar,
pending in the Court of learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar.
4. Learned counsel for the Applicant submits that he is
representing the complainant who initiated the proceedings which
resulted in FIR No. 0433 of 2021, titled as “State vs. Afjal and
Others“, under Sections 323, 498A, 504 IPC and Section 3/4 of the
Muslim Women (Protection of Rights on Marriage) Act, 2019,
Police Station Kotwali, Jwalapur, District Haridwar, pending before
the learned Additional Chief Judicial Magistrate, Roorkee, District
Haridwar. It is further submitted that the matter is presently at the
stage of appearance of the accused persons; however, on one pretext
or another, adjournments are being sought by the accused persons
and the same are being granted without assigning sufficient reasons.
It is, therefore, prayed that the learned Court below be directed to
proceed with the matter and decide the same as expeditiously as
possible.
5. The prayer made appears to be innocuous and reasonable.
6. This Court is of the considered view that the right to speedy
justice is a fundamental right of a litigant.
7. Considering the grounds urged in the present C-528
Application, the same is hereby disposed of with a request to the
Court concerned to make all possible efforts to expedite the hearing
and disposal of Criminal Case No. 2393 of 2022 (Old No. 8088 of
2022), “State vs. Afjal and Others”, under Sections 323, 498A, 504
IPC, Section 3/4 of the Dowry Prohibition Act, 1961, and Section
3/4 of the Muslim Women (Protection of Rights on Marriage) Act,
2019, registered at Police Station Kotwali, Jwalapur, District
Haridwar, pending before the learned Additional Chief Judicial
Magistrate, Roorkee, District Haridwar, as expeditiously as
possible, subject to there being no legal impediment.
(Ashish Naithani, J.)
24.03.2026
Shiksha