SHYAM KUMAR NAG @ SHYAMU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A483/955/2024 · 2025-01-03
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[ 2025 DAILYLAW 171057 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 171057 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:228 Court No. - 12 Case :- APPLICATION U/S 483 No. - 955 of 2024 Applicant :- Shyam Kumar Nag @ Shyamu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dushyant Singh 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:-
"a. issue suitable direction to the learned Chief Judicial Magistrate, Faizabad/Ayodhya to decide the Criminal Case No. 3133/2002 "State of U.P -vs- Shyamu alias Shyam Kumar Nag" Under Section 25 of Arms Act, Police Station-Kotwali Nagar, District Ayodhya/Faizabad, within specific time frame, as Court may deem fit just and proper, by resorting the provision of Section 309 Cr.P.C. and other provisions by proceeding with the case on day to day basis." 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 :- 3.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench