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2025 DAILYLAW 121286 (ALL)

SARITA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND 4 OTHERS

A482/1003/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7399 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1003 of 2025 Applicant :- Sarita Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And 4 Others Counsel for Applicant :- Sharad Nandan Ojha,Akhand Pratap Singh 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 be pleased to expedite the trial of Session Trial No. 211 of 2023 (State Vs. Vijay Bahadur & Ors.) arising out of Case Crime No. 218 Of 2020, under Section 302, 307, 508, 323, 504 & 506 of I.P.C. at Police Station Kotwali Nagar, District Pratapgarh pending before the Court of Additional Sessions Judge/F.T.C.-I, District- Pratapgarh in a time bound as early as possible as this Hon'ble Court deem just and proper under the such circumstances of the case." Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, the the instant application, treating it to be under Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023, 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 :- 5.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench