Smt. Shabeen Bano vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
2024 Latest Caselaw 38214 ALL

Allahabad High Court

Smt. Shabeen Bano vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 20 November, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:76492
 
Court No. - 12
 
Case :- APPLICATION U/S 483 No. - 790 of 2024
 
Applicant :- Smt. Shabeen Bano
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 4 Others
 
Counsel for Applicant :- Firoz Ahmad Khan
 
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 under Section 483 Cr.P.C. has been preferred for the following main relief:-

"For the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned trial court i.e. learned Chief Judicial Magistrate Gonda to decide the Criminal Case No. 52475/2022 (State Versus Arif Khan & Others) arising out of Case Crime No. 700/2021, Under section-354, 498-A, 504, 506 of the Indian Penal Code & sections 3/4 of the Dowry Prohibition Act pertaining to Police Station- Kotwali Nagar, District- Gonda, pending before him within stipulated time prescribed by this Hon'ble Court 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 case is implicit under Article 21 of the Constitution of India.

With the aforesaid, the instant application is disposed of.

Order Date :- 20.11.2024

Jyoti/-