Disposed

Smt. Shobhawati v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC13 Sept 2024A483/626/2024

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AI extract

What is this about?

The Single Judge of the Allahabad High Court disposed of an application seeking expedited disposal of a pending criminal case. The court directed the trial court to conclude proceedings swiftly, citing Article 21 and precedents establishing the right to a speedy trial.

What did the court decide?

Direction to the Court of Civil Judge/Judicial Magistrate, Utraula, to conclude the proceedings of Case No. 2373/2023 expeditiously.

Smt. Shobhawati vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63661

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Court No. - 13

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Case :- APPLICATION U/S 483 No. - 626 of 2024

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Applicant :- Smt. Shobhawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Abhishek Srivastava,Vinay Kumar Verma 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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"For the facts, reasons and circumstances mentioned in the accompanying affidavit; it is most respectfully prayed that the Hon'ble Court may kindly be pleased to direct the Ld. Court of Civil Judge (Junior Division)/Judicial Magistrate- Utraula, Distt. Balrampur for expeditious disposal of Case No. 2373/2023; State Vs. Lavkush & Ors. U/s 323, 504, 452, 336, 506 IPC arises out of F.I.R. No. 55/2023 P. S.:- Gaindas Bujurg Distt. Balrampur within the time stipulated by the Hon'ble Court 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 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 :- 13.9.2024 Arun/-

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

Smt. Shobhawati v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Smt. Shobhawati v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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