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2025 DAILYLAW 121721 (ALL)

RAM BHARAT YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS

A482/1019/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7323 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1019 of 2025 Applicant :- Ram Bharat Yadav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Ram Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application under Section 482 Cr.P.C., on the request made by learned counsel for the applicant, has been treated to be the petition filed under Section 529 of BNSS, 2023. The same has been filed with the following main relief(s):- "(i) Direct the opposite party no. 2 i.e. Sub Divisional Magistrate, Ram Sanehi Ghat, District-Barabanki to ensure the proceeding U/s 145 Cr.P.C. against the opposite party no. 3 and 4 in respect of police report dated 18.02.2021 (contained at Annexure No. 1 to this petition)." 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