Application seeking direction for expeditious disposal of a sessions trial of 2012 pending before Additional Sessions Judge, Sultanpur. Court disposed of it directing expeditious conclusion, noting speedy trial is implicit under Article 21 per Apex Court precedents.
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Neutral Citation No. - 2025:AHC-LKO:9686
Court No. - 12
Case :- APPLICATION U/S 483 No. - 133 of 2025
Applicant :- Gufaran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko. And Another Counsel for Applicant :- Umesh Chandra Tripathi,Abhishek Upadhyay,Shambhunath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record.
The instant application has been preferred for the following main relief:-
"(i) Issue a suitable order or direction; thereby direct to opposite party No.2 to decide the S.T. No. 76 of 2012, Sarkar vs. Mohd. Umar and others in Case Crime No- 283/2011, Under Section452/304/323/504 I.P.C, pending before opposite party No.-2 i.e. Learned Additional Session Judge, District-Sultanpur, pending since 10.02.2012 within stipulated time, in the interest of justice."
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.
With the aforesaid, the instant application is disposed of.
Order Date :- 14.2.2025 ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the pending sessions trial of 2012 should be directed to be decided expeditiously in light of the right to speedy trial under Article 21.
Colour shows how this judgement treated each authority
Maneka Gandhi Versus Union of India and AnotherRelied on
(1978) 1 SCC 248 · Who else cites this
Hussainara Khatoon Versus Home Secretary, State of BiharRelied on
(1980) 1 SCC 81 · Who else cites this
Kadra Pahadiya and Others Versus State of BiharRelied on
(1981) 3 SCC 671 · Who else cites this
1 provisions across 1 enactments
Gufaran
State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko.
Additional Session Judge, District-Sultanpur
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
