BABITA YADAV v. CIVIL JUDGE J.D. / JUDICIAL MAGISTRATE TANDA AMBEDKAR NAGAR AND 5 OTHERS
A483/208/2025 · 2025-03-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126790 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126790 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13708 Court No. - 12 Case :- APPLICATION U/S 483 No. - 208 of 2025 Applicant :- Babita Yadav Opposite Party :- Civil Judge J.D. / Judicial Magistrate Tanda Ambedkar Nagar And 5 Others Counsel for Applicant :- Kaushal Tiwari 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:-
"direct the opposite party no. 1 i.e. Civil Judge Junior Division/ Judicial Magistrate Tanda Ambedkar Nagar to expedite the hearing of the Criminal Case under section 498A, 323, 504, 506 I.P.C.& 3/4 D.P.Act registered as Criminal Case No. 34 of 2023 "State V/s Balwant Yadav and Others" and First Information Report 67/2022 pending before Opposite Party No. 1. and order for disposal of the case in a time bound manner, which is pending before the opposite party no. 1 since May 2022, 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 Vs. Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Vs. Home Secretary, State of Bihar (1980) 1 SCC 81 and Kadra Pahadiya and Others Vs. 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 :- 6.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench