Shyam Pathak vs State Of U.P. Thru. The Prin. Secy. Home ...
2024 Latest Caselaw 33238 ALL

Allahabad High Court

Shyam Pathak vs State Of U.P. Thru. The Prin. Secy. Home ... on 1 October, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:67830
 
Court No. - 13
 

 
Case :- APPLICATION U/S 483 No. - 680 of 2024
 

 
Applicant :- Shyam Pathak
 
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Mrs.Suniti Sachan,Gangeshwar Pandey,Sidhant Rathour
 
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 mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may be pleased to direct the Additional Chief Judicial Magistrate-XVII, Barabanki, to issue process to compel the presence of accused i.e. (Opposite Party No. 02) and to conclude the trial expeditiously in the Case No. 1235/2023 (State Vs. Mohamad Rafeeq) under section 406, 504 and 506 I.P.C., P.S.: Deva, District- Barabanki, as this Hon'ble Court deems fit and proper in the circumstances of the case."

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 :- 1.10.2024

Jyoti/-