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2025 DAILYLAW 118902 (ALL)

ANIL KUMAR DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

/56/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4712 Court No. - 12 Case :- APPLICATION U/S 483 No. - 56 of 2025 Applicant :- Anil Kumar Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Anupam Mishra,Beena Mishra,Pooja Mishra 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:- "i. To direct the Additional District Judge-21, Lucknow to decide the Sessions Trial No. 61 of 2018 "State Versus Shubham Tiwari and another" arising out of Case Crime No. 39 of 2015, under sections-306 & 34 I.P.C. Police Station- Talkatora, District-Lucknow pending before him since 05.12.2017 expeditiously within a stipulated period as fixed by this Hon'ble Court as contained in Annexure No.1 to this petition." 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 :- 24.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench