RAM DULARI v. THE COURT OF LEARNED JUDICIAL MAGISTRATE BAHRAICH AND 2 OTHERS
A483/73/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119900 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119900 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5414 Court No. - 12 Case :- APPLICATION U/S 483 No. - 73 of 2025 Applicant :- Ram Dulari Opposite Party :- The Court Of Learned Judicial Magistrate Bahraich And 2 Others Counsel for Applicant :- Ashok Kumar Shukla 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct Opposite Party No. 1 i.e. The court of Learned Judicial Magistrate, Bahraich to expeditiously decide the Criminal Case No. 2937 of 2016; State Vs. Satyanam and others; in pursuance of Charge Sheet No. 08 of 2016 dated 21.01.2016 arising out of Case Crime/First Information Report No. 53 of 2015 Under Section 498A I.P.C. and Section 3/4 of D.P. Act, at Police Station Mahila Thana, District Bahraich which is still pending since 30.04.2016, within any stipulated period of time as this Hon'ble Court may deemed fit, just and proper (Contained as Annexure No. 1), 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench