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2025 DAILYLAW 128603 (ALL)

NEELIMA KASHYAP v. LEARNED COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE LKO. AND 2 OTHERS

A483/236/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15519 Court No. - 12 Case :- APPLICATION U/S 483 No. - 236 of 2025 Applicant :- Neelima Kashyap Opposite Party :- Learned Court Of The Addl. Chief Judicial Magistrate Lko. And 2 Others Counsel for Applicant :- Prabhat Kumar Mishra,Abdul Ahad,Jatin Raheja,Shobhit Harsh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Prabhat Kumar Mishra, 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:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant Application under Section 529 BNSS, 2023 whereby directing the Learned Court of the Additional Chief Judicial Magistrate, Court No. 26, Lucknow, District- Lucknow, to decide the entire criminal proceedings of Criminal Case No. 105423/2023, Computerised Case Number/CNR UPLK040106342023, State Vs. Ram Harsh and Another, arising out of Crime No. 291 of 2022, Under Sections- 323, 354, 354Gha, 506, 325 I.P.C., Police Station- Gudumba, District- Lucknow, pending before him, expeditiously as early as possible, 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench