Disposed

Ram Dhari Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC18 Dec 2024A483/898/2024

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What is this about?

An application for speedy disposal of a criminal case was disposed of, directing the Trial Court to conclude proceedings expeditiously. The court held that the right to speedy trial is implicit under Article 21 of the Constitution of India, relying on Apex Court judgments.

What did the court decide?

Direction to the Trial Court to conclude the pending criminal proceedings of Criminal Case No.3907 of 2018 expeditiously.

Ram Dhari Yadav Vs State of U.P. Thru. the… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84744

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Court No. - 12

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Case :- APPLICATION U/S 483 No. - 898 of 2024

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Applicant :- Ram Dhari Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava 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 Trial Court (i.e. Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ambedkar Nagar) to conclude the trial of Criminal Case No.3907 of 2018; State Versus Pramukh Pati Ram Dhari Yadav, arising out of Case Crime No.235 of 2007, under sections-332, 504, 506 I.P.C. relating to the Police Station- Alapur, District- Ambedkar Nagar, pending before it, expeditiously, in the interest of law and 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 :- 18.12.2024 Jyoti/-

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

Ram Dhari Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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Ram Dhari Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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