Disposed

Apoorva Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC21 Aug 2024/560/2024

Case brief

AI extract

What is this about?

This application under Section 483 Cr.P.C. sought directions to expedite pending criminal trials involving charges under IPC and the Dowry Prohibition Act. The Court observed that the right to speedy trial is implicit under Article 21 and directed the concerned court to conclude proceedings expeditiously, referencing key Supreme Court precedents.

What did the court decide?

A direction was issued to the concerned court to make all endeavours for concluding the proceedings of the case expeditiously.

Apoorva Singh Vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56724

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 560 of 2024 Applicant :- Apoorva Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Sheikh Wali Uz Zaman Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record.

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The instant application under Section 483 Cr.P.C. has been preferred for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased enough to grant following relief:

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(i). Issue an order or direction to decide the Case No. 89221/23 of 2022 Can Crim. No 543/22 under section 323, 504, 498-A IPC and section 3/4 Dowry prohibition Act, pending before the Court of learned Judicial Magistrate-III, Lucknow, within a stipulated time period.

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(ii). Issue an order or direction to decide the pending the trial initiated on Charge Sheet dated 18.2.23 filed in Case No. 88221/23 of 2022, under section 323, 504, 498-A IPC and section 3/4 of Dowry Prohibition Act, pending before the Court of learned Judicial Magistrate-III, Lucknow, within a stipulated time period."

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Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, 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.

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With the aforesaid, the instant application is disposed of .

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Order Date :- 21.8.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Apoorva Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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Apoorva Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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