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2025 DAILYLAW 115831 (ALL)

PREETI YADAV v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 3 OTHERS

A483/25/2025 · 2025-01-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2390 Court No. - 12 Case :- APPLICATION U/S 483 No. - 25 of 2025 Applicant :- Preeti Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mithila Shanker Awasthi,Kamla Shanker Awasthi,Vivek Sirswal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard 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:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court my kindly be pleased direct the learned civil judge (Senior Division) F. T. C. Mahila, Bahraich, to decide the protest application dated 25. 11. 2024, pending in case no.7676/2024, Priti Yadav Vs. Shashikant Yadav & others, arising out of case crime no, 139/2023, under section 498-A,323,504, 506, I.P. C and 3/4 D.P Act, P.S. Mahila, District- Lucknow, expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice." 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 :- 15.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench