IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION NO.842 OF 2009 (U/S 482 Cr.P.C.) Km. Vijeeta Farasi ……… Applicant Versus State of Uttarakhand & another ……… Respondent Dated: November 10, 2009 Mr. Lokendra Dobhal, Advocate for the applicant Mr. M.A. Khan, Brief Holder for the State HON. DHARAM VEER, J. By means of this application moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) the applicant has prayed to direct the Judicial Magistrate First Class, Dehradun to expedite the proceedings in Criminal Misc. Case No.6970/2009 Km. Vijeeta Farasi Vs. Smt. Vimla Devi Farasi u/s 406 IPC. Heard learned counsel for the applicant as well as learned brief holder for the State and perused the entire material in file. Learned counsel for the applicant stated that the above-said case is pending since 2002 and all the witnesses of the side of the applicant have been examined u/s 244 Cr.P.C. and now only these witnesses have to be cross- examined u/s 246 Cr.P.C. by the counsel of the respondent no.2. He further submitted that the main witnesses of the applicant are more than 80 years and they are also not in good health. He further submitted that the respondent no.2 is lingering on the case on one pretext or other. Now the case has been transferred to the court of Judicial Magistrate Ist Class, Dehradun and it has also been renumbered as 6970/2009. Hence, he prayed to direct the 2 Judicial Magistrate First Class, Dehradun to expedite the proceedings in Criminal Misc. Case No.6970/2009 Km. Vijeeta Farasi Vs. Smt. Vimla Devi Farasi u/s 406 IPC. After considering the entire facts and circumstances of the case as well as on consideration of the submissions of counsel for the applicant, I am of the view that the court below should be directed to decide the case expeditiously. For the reasons as aforesaid, the C482 application is disposed of with the direction to the Judicial Magistrate First Class, Dehradun to decide the Criminal Misc. Case No.6970/2009 Km. Vijeeta Farasi Vs. Smt. Vimla Devi Farasi u/s 406 IPC., pending before him expeditiously preferably within a period of six months. (Dharam Veer, J.) 10.11.2009 RG