NEELAM PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A483/43/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117954 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3340 Court No. - 12 Case :- APPLICATION U/S 483 No. - 43 of 2025 Applicant :- Neelam Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Vinod Kumar Pandey 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 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 may graciously be pleased to direct the learned 1st Additional Chief Judicial Magistrate, Court No.17, Sultanpur to expedite/conclude the trial and decide the Criminal Case No. 8459 of 2022 "State Versus Abhishek alias Kallu and another" arising out of Case Crime No. 0114 of 2022 Under Sections 354/506/504 Ι.P.C. Police Station- Chanda, District-Sultanpur pending in the Court of 1st Additional Chief Judicial Magistrate, Court No.17, Sultanpur within a period as fixed 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 the case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of.
Order Date :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench