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2025 DAILYLAW 128258 (ALL)

CHANDRA BHAN UPADDHAYA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A483/230/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15525 Court No. - 12 Case :- APPLICATION U/S 483 No. - 230 of 2025 Applicant :- Chandra Bhan Upaddhaya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Diwakar Prasad Sharma,Neetu Patel,Savita Misra 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 accompanied with an affidavit it is requested to this Hon'ble Court Kindly be please to direct to Additional Chief Judicial Magistrate Court No. 17 to decide the Criminal Case No. 195/19 (State of U.P Verses Gyan Prakash Upadhyay) arising out of Case Crime No. 928/18 U/S 419, 420, 406, 467, 468, 471, 504 & 506 IPC lodged at Kotwali Dehat Dist.- Sultanpur 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 :- 12.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench