M/S TEKRIWAL COAL TRADERS THRU. ITS PROPRIETOR SRI RAKESH TEKRIWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/98/2025 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121264 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121264 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7135 Court No. - 12 Case :- APPLICATION U/S 483 No. - 98 of 2025 Applicant :- M/S Tekriwal Coal Traders Thru. Its Proprietor Sri Rakesh Tekriwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, 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:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, filed in support of present petition under section-483 of Cr. P.C. Now U/s-529 of BNSS Act, 2023 it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the court of learned Chief Judicial Magistrate, Bahraich to conclude/decide the proceeding of Case No. 600/XII/2024 (Seema Singh Versus M/s Tekriwal Coal Traders through its Prop-Rakesh Tekriwal) arising out of Case Crime No. 0773/2023, Under Section-419, 420, 406, 467, 468, 471 & 506 I.P.C. pertaining to Police Station-Nanpara, District-Bahraich, within stipulated period of time as directed by this Hon'ble Court, 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 :- 4.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench