Disposed

Rakesh Kumar Gupta Alias R.K Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Sept 2024A483/592/2024

Case brief

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What is this about?

Application under Section 483 Cr.P.C. seeking expedited conclusion of a pending trial under IPC and Prevention of Corruption Act charges. Citing Apex Court precedents on speedy trial as implicit in Article 21, the court disposed of the application with a direction to the concerned judge to conclude proceedings expeditiously.

What the court decided

AI extract

Rakesh Kumar Gupta Alias R.K Gupta vs State of U.P. Thru. Prin… — Corruption | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60626

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 592 of 2024

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Applicant :- Rakesh Kumar Gupta Alias R.K Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kanchan Maurya,Gaurank Shukla,Prateek Shukla 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 to direct the Learned A.D.J./Spacial Judge P.C. Act -8, Lucknow to conclude the trial of Case No. - 1179/2020 "State of U.P. vs. R.K.Gupta & others" U/S - 420/467/468/471 I.P.C.&. 13(1) (d),13(2) P.C. Act, Police Station Chakeri, District Kanpur Nagar, as early as possible within the stipulated time bound period in the interest of justice."

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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 :- 4.9.2024

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Jyoti/-

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

Rakesh Kumar Gupta Alias R.K Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Rakesh Kumar Gupta Alias R.K Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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