SARFRAJ CHAND SALMANI @ SARFRAJ SULEMANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/725/2024 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166347 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166347 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1247 Court No. - 12 Case :- APPLICATION U/S 483 No. - 725 of 2024 Applicant :- Sarfraj Chand Salmani @ Sarfraj Sulemani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.
2. The instant application has been preferred for the following main relief:-
"i. Issue of direction to opposite party no-2 that is Court Learned Court Additional District and Sessions Judge / Special Judge. POCSO Act, Court No. 1, Lucknow. to decide the Session Trial Case No.-2671/2022 that is Case Crime FIR No.-413/2022 Section-363, 366 IPC and 16/17 POCSO Act, Police Station- Gudamba, District- Lucknow (State vs Sarfaraz Suleimani And Other) Police Station-Gudamba, District- Lucknow is pending before Court Learned Court Additional District and Sessions Judge / Special Judge, POCSO Act, Court No. 1, Lucknow. Expeditiously within stipulated time."
3. 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. Order Date :- 7.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench