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2025 DAILYLAW 121842 (ALL)

SHAAISTA SHABNAM v. THE STATE OF U.P. THRU. CHIEF SECY. DEPTT. OF HOME, LKO. AND 4 OTHERS

A483/111/2025 · 2025-02-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7628 Court No. - 12 Case :- APPLICATION U/S 483 No. - 111 of 2025 Applicant :- Shaaista Shabnam Opposite Party :- The State Of U.P. Thru. Chief Secy. Deptt. Of Home, Lko. And 4 Others Counsel for Applicant :- Shahid Salam,Kavita Mishra,Shahbaz Salam 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 under Section 483 CrPC has been preferred for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to pass an order or direction, thereby direct to the Learned Trial Court to expedite the Criminal case No.7103531/2010, Case Crime NO. 560/10, under section 498A, 323,504,506 IPC & 3/4 D.P. Act, police station Thakurganj, Distinct Lucknow, which has been pending since 03.10.2012 before the learned court of Additional Chief Judge-24 / Additional Chief Judicial Magistrate-Lucknow, in the ends 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 :- 6.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench