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2025 DAILYLAW 121484 (ALL)

RAJESH PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A483/104/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7360 Court No. - 12 Case :- APPLICATION U/S 483 No. - 104 of 2025 Applicant :- Rajesh Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Himanshu Kumar Trivedi 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 U/S 483 Cr.P.C. for the following main relief:- "(1.) An order or direction to the concerned court to conduct the trial of Case No.7316/2016 arising out of Case Crime No. 0214/2016, U/s 279 and 304A I.P.C. P.S. Kotwali, District - Barabanki in an expeditious manner which is pending before the court of learned Chief Judicial Magistrate Court No. 18, Barabanki, within a stipulated period." 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 :- 5.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench