NEELAM @ NEELAM RATHOUR v. THE COURT OF LEARNED ADDL. DISTRICT AND SESSION JUDGE FTC 1ST LKO. AND 7 OTHERS
A483/901/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197435 (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. - 901 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 Opposite Party No. 1 i.e. The court of Learned Additional District and Session Judge (F.T.C. 1st), Lucknow to expeditiously decide the Session Trial No. 11 of 2023; State of U.P. Vs. Raju Rathour and others arising out of Charge Sheet No. 01 of 2021 dated 25.08.2021 in pursuance of Case Crime/FIR No. 43 of 2021; Under Section 323, 506, 498A I.P.C. and Section 3/4 of D.P. Act for Opposite Party No. 2 to 7 and Under Section 323, 506, 376, 498A I.P.C and Section 3/4 of D.P. Act for Opposite Party No. 8, Police Station Malihabad, District Lucknow, Pending in the court of Learned Additional District and Session Judge (F.T.C. 1st), Lucknow which is still pending since 25.08.2021, within any stipulated period of time as this Hon'ble Court may deemed fit, just and proper (Contained as Annexure No. 1), in the interest of Justice.." Considering the facts as stated, particularly the period of pendency of the case, which appears to be pending since 2021, 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) : Ankit Mishra, Himanshu Tiwari, Rahul Yadav, Vikalp Sinha Counsel for Opposite Party(s) :
(Saurabh Lavania,J.) Neelam @ Neelam Rathour .....Applicant(s) The Court Of Learned Addl. District And Session Judge Ftc 1st Lko. And 7 Others .....Opposite Party(s)
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench