PRIYA AGRAHARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 9 OTHERS
A483/88/2025 · 2025-01-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120359 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5897 Court No. - 12 Case :- APPLICATION U/S 483 No. - 88 of 2025 Applicant :- Priya Agrahari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 9 Others Counsel for Applicant :- Saubhagya Mishra,Abhishek 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 has been preferred for the following main relief:-
"For the facts, circumstances, and reasons disclosed in the accompanying affidavit it is humbly prayed that this Hon'ble Court may graciously be pleased to issue appropriate directions in order to expedite the proceedings of criminal case no. 4811 of 2023 arising out of case crime number 296/2021 under section 323, 504, 506, 498A, IPC, 3/4 Dowry Prohibition Act, Police Station- Gauriganj, titled as "State Versus Jagdish & Others" pending before the Learned Civil Judge (Senior Division)FTC/Additional Chief Judicial Magistrate, District- Sultanpur i.e. Opposite party no. 2 within a short and reasonable time as may be prescribed by this Hon'ble Court in the interest of justice as well as a further call for explanation from the Learned Civil Judge (Senior Division)FTC/Additional Chief Judicial Magistrate, Court, District- Sultanpur i.e. Opposite party no. 2, as to why there is no signature of presiding officer and discrepancies in the Order sheet or conduct enquiry within regards to the same." 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 :- 29.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench