Disposed

Rajesh Kumar Singh v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

Allahabad HC26 Sept 2024/7367/2024

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What is this about?

The High Court disposed of an application u/s 482 CrPC. The court directed the lower court to conclude a 2009-related case expeditiously due to its long pendency, relying on Supreme Court precedents regarding speedy trial under Article 21.

What did the court decide?

Direction to the lower court to conclude the pending proceedings relating to the case of 2009 expeditiously.

Rajesh Kumar Singh Vs State of U.P. Thru. Its Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66989

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7367 of 2024

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Applicant :- Rajesh Kumar Singh Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Ajay Pratap Singh 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 seeking following main relief by the applicant on bail :-

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"WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to set aside the impugned order dated 23.1.2010 passed by the learned Additional Chief Judicial Magistrate, Court No.10, Sultanpur in Criminal Case No.874/2022 (State of U.P. Versus Rajesh Singh) arising out of Crime No.319 of 2009 relating to Police Station Munsiganj, District Amethi, contained as Annexure No.1 to the petition."

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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, which relates to the year 2009 and wherein the charges were framed on 12.04.2022 after taking cognizance in the year 2010, 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 :- 26.9.2024 Anand/-

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

Rajesh Kumar Singh v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

Case brief

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Rajesh Kumar Singh v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

Case brief

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