Disposed

Aala Nabi Alias Raza Sheikh v. State of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Home Lko. and 2 Others

Allahabad HC7 Aug 2024/6972/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application for quashing criminal proceedings. Finding that the case had been pending for over thirteen years, the court directed the trial court to conclude the proceedings expeditiously in light of the right to a speedy trial under Article 21 of the Constitution.

What did the court decide?

Case disposed with direction to trial court to conclude proceedings expeditiously.

Aala Nabi Alias Raza Sheikh Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:54287

¶2

Court No. - 13

¶3

Case :- APPLICATION U/S 482 No. - 6972 of 2024 Applicant :- Aala Nabi Alias Raza Sheikh Opposite Party :- State Of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Home Lko. And 2 Others Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Saurabh Lavania,J.

¶5

Heard learned Counsel for the applicant and learned A.G.A. for the State and perused the records.

¶6

Present application has been filed with a prayer to quash the entire proceedings in the Charge Sheet no.72/2011 dated 18.10.2011 in Case Crime No.501/2011, U/S 376, 506 IPC P.S- Maharajganj Tarai, District- Balrampur (Annexed as Annexure No.1).

¶7

After considering (i) the statement(s) of victim (Annexure Nos. 5 and 6), (ii) age of the victim i.e. sixteen years, as per medical opinion dated 16.08.2011 (Annexure No. 7) and (iii) contents of affidavit of villagers (Annexure No. 8), on being confronted, learned counsel for the applicant, arguing at length, submitted that keeping in view period of pendency of the case, the present application be disposed of with direction to conclude the proceedings pending before the trial Court expeditiously.

¶8

The prayer sought has not been opposed by learned counsels for side-opposite.

¶9

Considering the facts and circumstances of the case indicated in the application including the period of pendency of the proceedings in issue, i.e. more than thirteen years, the application is disposed of with direction that for expeditious disposal of the case, trial court shall do needful in the matter in the light of the observations made by the Hon'ble Apex Court in various pronouncements, according to which, the right to speedy trial is implicit under Article 21 of the Constitution of India and trial should be concluded expeditiously.

¶10

Order Date :- 7.8.2024 Mohit Singh/-

¶11

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aala Nabi Alias Raza Sheikh v. State of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Aala Nabi Alias Raza Sheikh v. State of U.P. Thru. A.C.S. / Prin. Secy. Deptt. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Saddam Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Aman Kumar Minor Thru. Guardian Mother Smt. Sita Devi Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Mohd Saif Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Subhash Tiwari and 6 Others Vs State of U.P. Thru. Prin.Secy. Home Deptt. and Another

Dinesh Kumar Yadav @ Dinesh Yadav Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Luvkush and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others