ASIF ALIAS BANNA ALIAS MOHD. ASIF AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A483/72/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120060 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5467 Court No. - 12 Case :- APPLICATION U/S 483 No. - 72 of 2025 Applicant :- Asif Alias Banna Alias Mohd. Asif And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nazim Ali Siddique,Gurucharan Kashyap 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 the learned Special A.C.J.M. C.B.I. (A.P.) Lucknow to expedite the proceedings of Criminal Case No.99775 of 2021, State of U.P. Versus Asif alias Banna and another and conclude the same within such time bound period as may be deemed fit, just and proper and fixed by this Hon'ble Court, otherwise the petitioners will suffer irreparable loss and injury which cannot be made good in or any event." 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