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2025 DAILYLAW 176220 (ALL)

SHIV MURTI AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. LKO. AND ANOTHER

/980/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 980 of 2025 Court No. - 13 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 application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned court below i.e. additional civil judge (S.D.) -03 Hardoi to decide the criminal case no. 48/2004 arising out of case crime no. 113A/2000 State Vs. Guru Prasad and others under section 34/323/504/506 I.P.C. P.S. Mallawan District Hardoi, expeditiously within the stipulated time as provided 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 2000, this petition is disposed of with direction to authority concerned/court, 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. November 28, 2025 Jyoti/- Versus Counsel for Applicant(s) : Neelam Pandey Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Shiv Murti And 2 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench