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2025 DAILYLAW 128879 (ALL)

SMT. INDRAWATI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 6 OTHERS

A483/239/2025 · 2025-03-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15479 Court No. - 12 Case :- APPLICATION U/S 483 No. - 239 of 2025 Applicant :- Smt. Indrawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Applicant :- Rakesh Kumar Nayak 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:- "The application above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to direct the learned Chief Judicial Magistrate, Sultanpur to decide the Criminal case no. 6539/2024, Case Crime no. 195/2023, "State of U.P. Vs. Sachin & others" U/S 323, 504, 506, 452, 34 I.P.C., Police Station Kadipur, District Sultanpur, pending before him since 11.03.2024 as early as possible within some stipulated time framed 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