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2025 DAILYLAW 170357 (ALL)

MUKESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/950/2024 · 2025-01-09

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1669 Court No. - 12 Case :- APPLICATION U/S 483 No. - 950 of 2024 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Jyoti Rawat,Ram Samujh Rawat Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. The instant application has been preferred for the following main relief:- "to direct the court of Additional District & Sessions Judge Judge/ Special Judge POCSO Act, Lucknow expedite the Session Trial bearing no. 1498/2022, "State Vs. Mukesh Kumar", under section 363, 366, 376, 323, 504, 506 IPC & Section 5/6 of POCSO Act, P.S.- Husainganj, District- Lucknow, expeditiously say within stipulated period, 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 as also the statement of learned counsel for the applicant, 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 Vs. Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Vs. Home Secretary, State of Bihar (1980) 1 SCC 81 and Kadra Pahadiya and Others Vs. 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 :- 9.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench