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2025 DAILYLAW 119856 (ALL)

KRISHNA GUPTA v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/1/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4727 Court No. - 12 Case :- APPLICATION U/S 529 BNSS No. - 1 of 2025 Applicant :- Krishna Gupta Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Hari Om Gupta 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, this Hon'ble court may kindly be pleased to direct the learned Additional Civil Judge (Senior Division)/F.T.C./ Additional Chief Judicial Magistrate, Sultanpur to immediately decide the case of the petitioner bearing Criminal Misc. Case No.68/2024 (Krishna Gupta Versus Sanjay Tomar & Another) Under section 173(4) BNSS, Police Station Sangrampur, District Amethi within stipulated time prescribed 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 :- 24.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench