Rajjan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rajjan Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Court concerned (C.J.M. Court No. 9, Raibareli) to make all endeavour for concluding the proceedings of the case in issue (Case No. 728/2006, including the pending S.321 Cr.P.C. application) expeditiously. The ancillary prayer restraining coercive action against the accused was not separately addressed.

Issue for consideration

Whether this Court should direct the learned Chief Judicial Magistrate, Court No. 9, Raibareli to decide the pending application under S.321 Cr.P.C. dated 30/06/2011 in Case No. 728/2006 (Crime No. 61 A/2005) expeditiously within a stipulated time. +1 more

Court's answer

Considering the facts and circumstances of the case, including the period of pendency of the case in issue, the application is disposed of with a direction to the Court concerned (C.J.M. Court No. 9, Raibareli) to make all endeavour to conclude the proceedings of the case in issue expeditiously; no specific time limit was stipulated.

Ratio / Principle

As per various pronouncements of the Hon'ble Apex Court, including Maneka Gandhi (1978) 1 SCC 248, Hussainara Khatoon (1980) 1 SCC 81 and Kadra Pahadiya (1981) 3 SCC 671, the right to speedy trial/disposal of the case is implicit under Article 21 of the Constitution of India; this principle underlies the direction for expedition.

Detailed headnote1 paragraphs

Application u/S 483 Cr.P.C. (expedition) — Rajjan v. State of U.P. (Allahabad HC, Lucknow Bench, Saurabh Lavania, J., 12.3.2025) — Applicant sought (i) a direction to C.J.M. Court No. 9, Raibareli to decide expeditiously an application under S.321 Cr.P.C. dated 30/06/2011 filed by the Assistant Prosecution Officer in Case No. 728/2006, Crime No. 61 A/2005, u/Ss. 147/148/149/302/435 IPC, P.S. Dalmau, District Raibareli (State Versus Rajjan @ Triveni Prasad and others); and (ii) restraint on coercive action against the accused during its pendency. Relying on Maneka Gandhi v. Union of India (1978) 1 SCC 248, Hussainara Khatoon v. Home Secretary, State of Bihar (1980) 1 SCC 81 and Kadra Pahadiya v. State of Bihar (1981) 3 SCC 671, the Court held that the right to speedy trial/disposal is implicit under Article 21 of the Constitution, and disposed of the application directing the court concerned to make all endeavour to conclude the proceedings expeditiously; no stipulated timeline was fixed and the coercive-action prayer was not separately dealt with.

Neutral Citation No. - 2025:AHC-LKO:15522

Court No. - 12 Case :- APPLICATION U/S 483 No. - 237 of 2025 Applicant :- Rajjan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sheo Prakash Singh 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:-

"For the facts, reasons and circumstances stated in the accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Chief Judicial Magistrate, Court No. 9, Raibareli to decide the application under section- 321 Cr.P.C. dated 30/06/2011 filed by Assistant Prosecution Officer C.J.M. Court No. 9, Raibareli in Case No. 728/2006, Crime No. 61 A/ 2005, under section- 147/148/149/302/ 435 of I.P.C. related to Police StationDalmau, District- Raibareli (State Versus Rajjan@ Triveni Prasad and others) pending before him expeditiously within stipulated time as directed by this Hon'ble Court, in the interest of Justice.

It is further prayed that this Hon'ble Court may kindly be pleased to direct the trial court to not take any coercive action against the accused persons during the pendency of application under section- 321 Cr.P.C. dated 30/06/2011 filed by Assistant Prosecution Officer C.J.M. Court No. 9, Raibareli in Case No. 728/2006, Crime No. 61 A/ 2005, under section- 147/148/149/302/ 435 of I.P.C. related to Police Station- Dalmau, District- Raibareli (State Versus Rajjan @ Triveni Prasad and others pending before C.J.M. Court No. 9, Raibareli, 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 :- 12.3.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench