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2025 DAILYLAW 164947 (ALL)

SURYA KANT TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

A483/768/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 768 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "That in view of the facts, circumstances and reasons stated in the accompanying affidavit, It is most respectfully prayed that the Hon'ble Court may kindly be pleased to direct the Learned Civil Judge (Senior Division) First/Additional Chief Judicial Magistrate, Sultanpur to decide the Criminal Case No. 12039/2023 (Old Complaint Case Number 410/2017), U/s- 379, 506, 504 IPC, P.S. Kotwali Nagar, District-Sultanpur, which is pending since 05.05.2017, within the time specified by this Hon'ble Court in the interest of justice." Considering the facts as stated, particularly the period of pendency of the case, which appears to be pending since 2017, this petition is disposed of with direction to Civil Judge (Senior Division) First/Additional Chief Judicial Magistrate, Sultanpur, to consider and decide the pending case in issue, as indicated in the prayer clause, quoted above, most 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 case is implicit under Article 21 of the Constitution of India. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. September 15, 2025 Jyoti/- Versus Counsel for Applicant(s) : Sachin Pandey Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Surya Kant Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench