Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170008 (ALL)

SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/946/2024 · 2025-01-07

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:858 Court No. - 12 Case :- APPLICATION U/S 483 No. - 946 of 2024 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vijay Kumar,Akhilesh Kumar Yadav 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Learned Additional District Judge (SC/ST Act), Raebareli, to decide the Session Trial No. 302/2022, 'State Vs Santosh Kumar Pandey', arising out of F.I.R No. 701/2021, under section 332, 386, 504, 506 I.P.C. and Section 3(2)V SC/ST Act, Police Station - Kotwali Nagar, District Raebareli, pending before him since last 2 years, expeditiously, within stipulated time." 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 :- 7.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench