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2025 DAILYLAW 127482 (ALL)

DEVI SAHAY TIWARI @ DEVI SAHAY v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND 8 OTHERS

A483/218/2025 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14342 Court No. - 12 Case :- APPLICATION U/S 483 No. - 218 of 2025 Applicant :- Devi Sahay Tiwari @ Devi Sahay Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And 8 Others Counsel for Applicant :- Anand Kumar 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:- "I. Issue a suitable order or direction commanding the Learned court below to conclude Case bearing Criminal Case No. 623/2024, "Devi Sahay Vs Rajkumar and Others", U/Ss. 147, 148, 149, 323 504, 120B, 506, 427 IPC, P.S Kudwar, District-Sultanpur, pending before Learned Chief Judicial Magistrate Court No. 16, Sultanpur, expeditiously within such period as may be stipulated by this Hon'ble Court 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 :- 10.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench