Disposed

Chandrashekhar v. State of U.P. and 2 Others

Allahabad HC17 May 2022A482/11498/2022

Case brief

AI extract

What is this about?

The applicant challenged the delay in deciding a criminal case under Section 133 Cr.P.C. The Court directed the Learned Court Below to dispose of the matter expeditiously, adhering to principles of speedy trial enshrined in Article 21, without unnecessary adjournments.

What did the court decide?

Directing the Learned Court Below (Up Zila Adhikari) to decide pending Cr. Case No.19/2020 u/s 133 Cr.P.C. expeditiously without unnecessary adjournments.

Chandrashekhar Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 11498 of 2022

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Applicant :- Chandrashekhar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shrawan Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant/petitioner and learned Government Advocate for the State.

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The present petition has been filed with a prayer to direct the Up Zila Adhikari, Sadar Basti, District -Basti to decide the Criminal Case No.19 of 2020, under Section 133 Cr.P.C., arising out of report under Section 133 Cr.P.C.,Police Station - Purani Basti, District - Basti, expeditiously within some specific period.

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Learned counsel for the applicant has submitted that the applicant had moved an application under Section 133 Cr.P.C. against Respondent No.2 for removal nuisance i.e. by putting a Gate on the Kharanja Marg, and the same has been registered a Criminal Case No.19/2000 (State Vs Chandra Prakash Chaudhary). In the above mentioned case, the police has submitted his report, against which the Respondent No.2 has filed an objection on 17.01.2021. It is further submitted that more than 1 year three months have been passed but till date the matter has not been decided by the Up Zila Adhikari, Sadar Basti, District -Basti.

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At this stage, learned counsel for the applicant has confined his prayer to the extent that the court below may be directed to decide the matter within the stipulated time frame, as this Court may deem fit and proper.

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Learned AGA has no objection to the aforesaid submission of learned counsel for the applicant/petitioner.

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After hearing the learned counsel for the parties and going through the record and the law laid down by Hon'ble the Supreme Court in the Case of Kartar Singh v. State of Punjab (1994) 3 SCC 569 and in the Case of Mangal Singh vs. Kishan Singh (2009) 17 SCC 303 , wherein it has been held that the right of speedy trial is facet of Article 21 of the Constitution of India. The concept of speedy trial is to be read in Article 21 of Constitution of India as essential part of

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fundamental right. It is an undisputed fact in the present case that the case is pending since 2000 and more than one year has been passed. Such delay in deciding the matter is nothing but to deprive the applicant to get speedy justice.

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In view of discussion made hereinabove and in the light of the judgement of the Hon'ble Supreme Court in the case of Kartar Singh (Supra ) and Mangal Singh (Supra) , learned court below is expected to decide Criminal Case No.19 of 2020, under Section 133 Cr.P.C., arising out of report under Section 133 Cr.P.C.,Police Station - Purani Basti, District - Basti, pending before the Up Zila Adhikai, Sadar Basti, District - Basti, expeditiously in accordance with law, if there is no other legal impediment, from the date of certified copy of this order is served and without granting any unnecessary adjournment to any of the parties and if any adjournment is sought by either of the parties, some short date may be given.

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In view of above, the present petition under Section 482 Cr.P.C. is disposed of finally.

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Order Date :- 17.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.18 09:28:21 IST Reason: Location: High Court of Judicature at Allahabad

Chandrashekhar v. State of U.P. and 2 Others

Case brief

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Chandrashekhar v. State of U.P. and 2 Others

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