PROSECUTRIX (VICTIM OF CASE CRIME NO. 1091/2020) THRU. S.H.O. P.S. KOTWALI NAGAR DISTT. SULTANPUR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME AND 4 OTHERS
/1025/2025 · 2025-12-04
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 180810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180810 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1025 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:-
"1.) To direct the Ld. Trial Court to expedite the S.T. no.400/2023 in re: State VS. Izhar Ali & Ors. having Case Crime No.1091/2020 under section 376,323,504,506 I.P.C., Police Station- Kotwali City, District-Sultanpur which is pending before Ld. Addl. Sessions Judge, F.T.C.-I, Sultanpur, within stipulated time period, in the interest of justice.." Considering the facts as stated, particularly the period of pendency of the case, which appears to be pending since 2023, 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. With the aforesaid, the petition is disposed of. December 4, 2025 Jyoti/- Versus Counsel for Applicant(s) : Ashok Kumar Pandey Iind, Anshuman Sharma, Athar Ali, Shantanu Sharma Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Prosecutrix (Victim Of Case Crime No. 1091/2020) Thru. S.H.O. P.S. Kotwali Nagar Distt. Sultanpur .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home And 4 Others .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench