RAJJAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A483/237/2025 · 2025-03-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128811 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15522 Court No. - 12 Case :- APPLICATION U/S 483 No. - 237 of 2025 Applicant :- Rajjan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sheo Prakash Singh 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 stated in the accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Chief Judicial Magistrate, Court No. 9, Raibareli to decide the application under section- 321 Cr.P.C. dated 30/06/2011 filed by Assistant Prosecution Officer C.J.M. Court No. 9, Raibareli in Case No. 728/2006, Crime No. 61 A/ 2005, under section- 147/148/149/302/ 435 of I.P.C. related to Police Station- Dalmau, District- Raibareli (State Versus Rajjan@ Triveni Prasad and others) pending before him expeditiously within stipulated time as directed by this Hon'ble Court, in the interest
of
Justice. It is further prayed that this Hon'ble Court may kindly be pleased to direct the trial court to not take any coercive action against the accused persons during the pendency of application under section- 321 Cr.P.C. dated 30/06/2011 filed by Assistant Prosecution Officer C.J.M. Court No. 9, Raibareli in Case No. 728/2006, Crime No. 61 A/ 2005, under section- 147/148/149/302/ 435 of I.P.C. related to Police Station- Dalmau, District- Raibareli (State Versus Rajjan @ Triveni Prasad and others pending before C.J.M. Court No. 9, Raibareli, 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