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2025 DAILYLAW 125031 (ALL)

AMIT GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A483/163/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12792 Court No. - 12 Case :- APPLICATION U/S 483 No. - 163 of 2025 Applicant :- Amit Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vijayendra Prakash Tripathi,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, 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 direct to the court of Chief Judicial Magistrate, Faizabad to decide the F.R. No. 167/2021 arising out of Case Crime No.486/2020, under section-376/506 IPC, P.S.-Kotwali Ayodhya, District-Faizabad/Ayodhya titled "Smt. Roshni versus Vivek Gupta and Others" pending before him, expeditiously as early as possible, in the interest of justice, as annexed as 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 Final Report (F.R.) 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 F.R., detailed in above quoted prayer clause, 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