Ram Barai Prasad Vs State of U.P. and Another

Court No. - 53

Case :- MATTERS UNDER ARTICLE 227 No. - 2690 of 2023

Petitioner :- Ram Barai Prasad Respondent :- State of U.P. and Another Counsel for Petitioner :- Saumitra Anand,Shashwat Anand Counsel for Respondent :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

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This petitioner under Article 227 of the Constitution has been filed for a direction to the Additional Judicial Magistrate, Court No.4, Mau to expeditiously decide the application moved by the petitioner under Section 138 NI Act registered as Complaint Case No.9692 of 2019 (Rambarai Vs. Brahmanand).

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It is contended by learned counsel for the applicant that the aforesaid case is pending since 2019 but it has not been finally disposed yet.

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There is implicit legal right of citizens of India as enumerated under Article 21 of the Constitution for speedy trial which in turn encompasses speedy investigation, inquiry, appeal, revision and retrial.

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Considering the limited relief sought, this petition is finally disposed of with a direction to the Additional Judicial Magistrate, Court No.4, Mau to expeditiously decide the application moved by the petitioner under Section 138 NI Act registered as Complaint Case No.9692 of 2019 (Rambarai Vs. Brahmanand) expeditiously, in accordance with law, preferably within a period of six months from the date of production of certified copy of this order, without granting unnecessary adjournments to either of the parties and make every endeavour to dispose of the case at the earliest provided if there is no legal impediment.

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Order Date :- 4.4.2023 Rahul

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Digitally signed by :- RAHUL KUMAR High Court of Judicature at Allahabad

Ram Barai Prasad v. State of U.P. and Another

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Ram Barai Prasad v. State of U.P. and Another

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