Disposed

Archana Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Allahabad HC5 Nov 2024A483/712/2024

Case brief

AI extract

What is this about?

In an application under Section 483 Cr.P.C., the Court addressed the pendency of a criminal case. Finding that the parties could not settle the dispute, the Court disposed of the application by directing the concerned Magistrate to conclude the proceedings expeditiously.

What did the court decide?

Direction to the lower court to conclude the proceedings of Criminal Case No.4612 of 2023 expeditiously.

Archana Singh and Another vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79437

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Court No. - 12

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Case :- APPLICATION U/S 483 No. - 712 of 2024

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Applicant :- Archana Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Onkar Pandey,Deepak Kumar Counsel for Opposite Party :- G.A.,Amit Kumar Keshari,Santosh Kumar Srivastava

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Hon'ble Saurabh Lavania,J.

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Shri Santosh Kumar Srivastava, Advocate, has put in appearance on behalf of private opposite party nos.2 to 7 by way of filing Vakalatnama, which is taken on record.

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Heard learned counsel for the applicants, Shri Santosh Kumar Srivastava, learned counsel for opposite party nos.2 to 7, learned A.G.A. for the State of U.P. and perused the record.

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The present application under Section 483 Cr.P.C. has been filed for the following main relief:-

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"Wherefore it is prayed that the Hon'ble court may graciously be pleased to direct the Learned Ist Additional Chief Judicial Magistrate, District - Sultanpur to decide the Criminal Case No.4612 of 2023 arising out of FIR no.299 of 2023, U/s 323, 504, 506, 324, 452, 34 IPC (State of U.P. Versus Jiyalal @ Golu and Ors.) P.S. Kotwali Dehat, District - Sultanpur as expeditiously as possible."

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In compliance of order dated 05.11.2024, applicants, namely, Archana Singh and Shiv Bahadur Singh as well as private opposite parties no.2, 3, 5, 6 & 7, namely, Jiya Lal @ Golu S/o Patiram, Kailash, Pankaj, Rohit all S/o Jiya Lal @ Golu, Aarti W/o Kailash Nath and Manfaicha @ Dheeraji W/o Jiya Lal @ Golu are present before this Court. However, opposite party no.4 Pankaj could not appear before this Court on account of illness.

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In this view of the matter, appearance of opposite party no.4Pankaj is dispensed with.

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Learned counsel for the parties, who are present before this Court, stated that the dispute between the parties could not be settled.

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In view of the aforesaid, this Court proceeded to consider the present petition for the main relief sought.

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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 :- 29.11.2024 Anand/-

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

Archana Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

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Archana Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

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