Disposed

Urmila Devi v. State of U.P. Thru. Addl. Prin. Secy. Home Lko. and Others

Allahabad HC17 Sept 2024/630/2024

Case brief

AI extract

What is this about?

This court disposed of an application under Section 483 CrPC (implied context) regarding the prolonged pendency of a criminal case. The court directed the lower court to conclude the proceedings expeditiously, relying on apex court precedents that link timely disposal to the right under Article 21.

What did the court decide?

Direction to the Court concerned to conclude the proceedings of the pending criminal case expeditiously.

Urmila Devi Vs State of U.P. Thru. Addl… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63828

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 630 of 2024

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Applicant :- Urmila Devi Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Rakesh Kumar Yadav 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 has been preferred for the following main relief:-

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"Wherefore it is most respectfully prayed that the Hon'ble Court may kindly be pleased to expeditious disposal of the criminal case No. 462 of 2019 (Urmila Vs. Raj Kumar & Others) pending before the learned Chief Judicial Magistrate, Room. No16, District Sultanpur, in case criminal case No. 462 of 2019, U/S- 464, 120B, 147,420,504,506, I.P.C.., Police Station- Sangrampur, District- Amethi, pending the case since 27.04.2019 and disposal of according to law within time stipulated by Hon'ble Court."

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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 the 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 :- 17.9.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Urmila Devi v. State of U.P. Thru. Addl. Prin. Secy. Home Lko. and Others

Case brief

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Urmila Devi v. State of U.P. Thru. Addl. Prin. Secy. Home Lko. and Others

Case brief

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