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2025 DAILYLAW 121288 (ALL)

GOPAL ALIAS RAM GOPAL SAHU v. STATE OF U.P. THRU. SECY. HOME LKO.

A483/99/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7125 Court No. - 12 Case :- APPLICATION U/S 483 No. - 99 of 2025 Applicant :- Gopal Alias Ram Gopal Sahu Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma 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 graciously be pleased to direction be issued for expeditious disposal of Special Criminal Case No.329/2022 (State Versus Nausad and another), relating to case crime no. 09/2022, under sections 363, 366, 376, 323 IPC & 3/4 POCSO Act at Police Station- Rupaidiha, District Bahraich, pending before Additional Session Judge/ Special judge (Protection of Children From Sexual Offences Act), Bahraich, as an earliest within a stipulated period which this Hon'ble court may deem fit and proper 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