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2025 DAILYLAW 152408 (ALL)

MOHD NIYAZ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

A483/550/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43180 Court No. - 13 Case :- APPLICATION U/S 483 No. - 550 of 2025 Applicant :- Mohd Niyaz Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Applicant :- Mohd. Murtaza Hasan,Abdul Malik,Anshuman Srivastava,Sadiya Khan 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:- "To direct the learned court no. 20 Civil Judge, (SD). Lucknow to decide the criminal case no. 7897 of 2017 (State of U.P. versus raj and others) arising out of crime no. 486 of 2016 lodged under section 323, 504, 506 IPC at police station Kakori, Lucknow do decide the case expeditiously." 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 :- 28.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench