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2025 DAILYLAW 124216 (ALL)

UZMA ASHFAQUE v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME AFFAIRS, LKO. AND 6 OTHERS

A483/148/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13010 Court No. - 12 Case :- APPLICATION U/S 483 No. - 148 of 2025 Applicant :- Uzma Ashfaque Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Affairs, Lko. And 6 Others Counsel for Applicant :- Vijyant Nigam 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:- "For the facts, reasons and circumstances mentioned in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the subordinate Court concerned, i.e. Learned Court of Civil Judge/FTC/CAW, Sultanpur, to expeditiously dispose of the Criminal Case No.7942/2024 State Versus Amir Shahzad (Old Criminal Case No.5288 of 2024 (Re: State Vs. Mohd. Amir Shahzad and others) pending before the learned Civil Judge FTC/CAW, District Sultanpur, within some stipulated period or time, 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 :- 4.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench