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2025 DAILYLAW 120406 (ALL)

MOHAMMAD NADEEM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A483/79/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5465 Court No. - 12 Case :- APPLICATION U/S 483 No. - 79 of 2025 Applicant :- Mohammad Nadeem Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Shahid Akhtar 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the court of Learned Additional Chief Judicial Magistrate, C.B.I. (A.P), Lucknow to expeditiously decide the Criminal Case No. 883 of 2019; State Vs. Mohammad Nadeem and others; and delivered judgment in pursuance of Charge Sheet No. 01 of 2018 dated 11.11.2018 arising out of Case Crime/First Information Report No. 641 of 2018 Under Section 498A, 323,504,506 I.P.C. and Section 3/4 of D.P. Act, at Police Station Thakurganj, District Lucknow which is awaited for the last more than 2 years." Considering the facts and circumstances of the case indicated in the application including that matter is at the stage of final arguments as also 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 :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench