Disposed

Sheeba Zamani Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others

Allahabad HC19 Nov 2024A483/778/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 483 CrPC directing the Additional Chief Judicial Magistrate, Lucknow, to expeditiously conclude pending criminal proceedings under Sections 498A, 323, 504, 506 IPC and 3/4 DP Act, invoking the right to speedy trial implicit in Article 21.

What did the court decide?

Direction to the Concerned Court to make all endeavours for concluding the proceedings of the case in issue expeditiously, fixing the day-to-day hearing.

Sheeba Zamani Khan vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76066

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Court No. - 12

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Case :- APPLICATION U/S 483 No. - 778 of 2024

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Applicant :- Sheeba Zamani Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Sabih Ahmed,Chandra Prakash,Surya Prakash 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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"(i) Issue the necessary order or directions commanding the opp. party No.2 Additional Chief Judicial Magistrate-VIIth, Lucknow, to decide the Criminal Case No. 65010/21, arising out of crime No. 17/2021, "State Vs. Danish Khan and others", under Section 498A, 323, 504, 506 I.P.C. and 3/ 4 D.P. Act, P.S. Wazirganj, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate-VIIth, Lucknow to proceed with the case by fixing the day today hearing and decide the same at the earliest as possible, 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 :- 19.11.2024 Vinay/-

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

Sheeba Zamani Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others

Case brief

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Sheeba Zamani Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others

Case brief

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