Citation : 2024 Latest Caselaw 33248 ALL
Judgement Date : 1 October, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:67812 Court No. - 13 Case :- APPLICATION U/S 483 No. - 676 of 2024 Applicant :- Nand Kumar Srivastava And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Ashok Kumar 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:-
"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 Add. CJM 1st Gonda to expedite the hearing and conclud the trial of criminal case no.196/1998 arising from case crime no. 61-A /97 U/S 147,323, IPC Register at P.S. Dhane Pur District- Gonda (Vishwnath Prasad vs Shiv Narayan Singh & others) pending before the learned ACJM 1st, Gonda since year 1998, within the time stipulated 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 the 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
Vinay/-
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