SHUBHENDRA NATH TRIPATHI v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. LKO. AND 2 OTHERS
/94/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120776 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6832 Court No. - 12 Case :- APPLICATION U/S 483 No. - 94 of 2025 Applicant :- Shubhendra Nath Tripathi Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Lko. And 2 Others Counsel for Applicant :- Bhupendra Nath Tripathi 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 expedite the proceedings of W/S Criminal Case No.43177 of 2019, State Versus Akash Dev Dixit and another pending before the Judicial Magistrate-III, Lucknow and direct the learned court below to frame the charges and conclude the trial within the time bound period as may be fixed by this Hon'ble Court, otherwise the petitioner 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 case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of. Order Date :- 31.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench