Disposed¶10

Sumitra Singh v. Additional Civil Judge S.D. Ftc 2ND Distt. Pratapgarh and Another

Allahabad HC4 Feb 2025A483/22/2025

Case brief

AI extract

What is this about?

speedy trial; Article 21; expeditious disposal; direction to trial court; application u/S 483; Case Crime No.52/2009; Sections 323, 504, 506 IPC; P.S. Jethwara; Pratapgarh; State vs. Rakesh Pratap Singh; Maneka Gandhi; Hussainara Khatoon; Kadra Pahadiya; Allahabad High Court Lucknow Bench; 2025:AHC-LKO:7145; Saurabh Lavania, J.

What did the court decide?

Direction to opposite party No.1 (Additional Civil Judge S.D. FTC 2nd, Pratapgadh) to make all endeavour for concluding the proceedings of Case Crime No.52/2009 expeditiously. ¶10

Sumitra Singh Vs Additional Civil Judge S.D. Ftc 2ND Distt. Pratapgarh and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:7145

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Court No. - 12

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Case :- APPLICATION U/S 483 No. - 22 of 2025

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Applicant :- Sumitra Singh Opposite Party :- Additional Civil Judge S.D. Ftc 2nd Distt. Pratapgarh And Another Counsel for Applicant :- Madhavesh Mishra,Mahendra Nath Mishra Counsel for Opposite Party :- G.A.,Prashant Vikaram Singh,Prashant Vikram Singh

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Hon'ble Saurabh Lavania,J.

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Applicant and opposite party No.2 are personally present before this Court and have been duly identified by their respective counsel.

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Heard learned counsel for the applicant, learned counsel for opposite party No.2 as well as 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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"To direct the opposite party No.1 i.e. Additional Civil Judge S.D. FTC 2nd, Pratapgadh to conclude the trial and decide the criminal case, Case Crime No.52/2009, under Sections 323, 504, 506 I.P.C., Police Station Jethwara, District Pratapgadh (State vs. Rakesh Pratap Singh) expeditiously."

¶10

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 opposite party No.1 i.e. Additional Civil Judge S.D. FTC 2nd, Pratapgadh 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 :- 4.2.2025 G. Singh/ Anand

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sumitra Singh v. Additional Civil Judge S.D. Ftc 2ND Distt. Pratapgarh and Another

Case brief

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Sumitra Singh v. Additional Civil Judge S.D. Ftc 2ND Distt. Pratapgarh and Another

Case brief

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