The Allahabad High Court, Lucknow Bench heard an application under Section 483 Cr.P.C. praying for directions to ensure speedy disposal of pending criminal cases. The court directed the subordinate court to conclude proceedings expeditiously, citing Article 21 and relevant Supreme Court precedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:56724
Court No. - 13
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.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record.
The instant application under Section 483 Cr.P.C. has been preferred for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased enough to grant following relief:
(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.
(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."
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.
With the aforesaid, the instant application is disposed of .
Order Date :- 21.8.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Subordinate Court is directed to expedite the trial of pending criminal cases implicating substantial delays.
Whether the right to speedy trial/disposal of cases is implicit under Article 21 of the Constitution of India.
Colour shows how this judgement treated each authority
Maneka Gandhi Versus Union of India and AnotherExplained¶10
(1978) 1 SCC 248 · Who else cites this
Hussainara Khatoon Versus Home Secretary, State of BiharExplained¶10
(1980) 1 SCC 81 · Who else cites this
Kadra Pahadiya and Others Versus State of BiharExplained¶10
(1981) 3 SCC 671 · Who else cites this
2 provisions across 2 enactments
Apoorva Singh
State Of U.P. Thru. Prin. Secy. Home, Lko.
Saurabh Lavania
Jyoti Rajwani
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
