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2025 DAILYLAW 115534 (ALL)

AMIT KUMAR JAISWAL v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME, LKO.

A483/15/2025 · 2025-01-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1824 Court No. - 12 Case :- APPLICATION U/S 483 No. - 15 of 2025 Applicant :- Amit Kumar Jaiswal Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Sonu Shukla,Sharda Mohan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Sharda Mohan Tiwari, learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application under Section 483 Cr.P.C. has been preferred for the following main relief:- "i) Issue an appropriate order or direction to the Special Judge Gangster Act / Additional District And Session Judge, Court No. 5, District- Faizabad to decide the application dated 27.06.2024 pending in Case No. 03 of 2023, under Section 16(1) of Uttar Pradesh Gangster And Anti-Social Activities (Prevention) Act 1986, Police Station- Raunahi, District Faizabad, titled "State versus Amit Kumar Jaiswal", in a given time frame, fixed by this Hon'ble Court;" Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of. Order Date :- 10.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench