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2025 DAILYLAW 190267 (ALL)

ABHAY KANODIA v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND 2 OTHERS

A483/902/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 902 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:- "That this Hon'ble Court may kindly be pleased to direct the Learned Additional Chief Judicial Magistrate, Lucknow to expedite the disposal of Case No. 2538/2013, Titled - State of U.P. vs Abhay Kanodia pending before Learned Additional Chief Judicial Magistrate, Lucknow." Considering the facts as stated, particularly the period of pendency of the case, which appears to be pending since 2013, 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. October 17, 2025 Jyoti/- Versus Counsel for Applicant(s) : Ratnesh Kant Agnihotri, Ranjana Agnihotri Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Abhay Kanodia .....Applicant(s) State Of U.P. Thru. Its Secy. Home Lko. And 2 Others .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench