Dev Kumar Pathak v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Court No. - 11 Case :- APPLICATION U/S 483 No. - 835 of 2023 Applicant :- Dev Kumar Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Ajay Pandey 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 graciously be pleased to direct the Learned Judicial Magistrate IIIrd, Faizabad to conclude the trial and decide the Case No. 1019 of 2021, "State Versus Hari Om Singh Yadav and Others". Case Crime No.427 of 2020 U/s-406,409,419,420,504,506 I.P.C., Police Station-Gasaiganj. District-Faizabad Now Ayodhya. Pending in the court of Judicial Magistrate IIIrd Faizabad within a period as fixed by this Hon'ble Court, in the interest of justice." Considering the facts and circumstances of the case, indicated in the application particularly the period of pendency of the case in issue, this Court is not inclined to accede the prayer sought in the present application. However, it is expected that for expeditious disposal of the case, trial court shall do needful in the matter in the light of the observations made by the Hon'ble Apex Court in various pronouncements including in the case(s) of Hussainara Khatoon vs. Home Secretary, State of Bihar; 1979 AIR 1369; Abdul Rehman Antulay & Others vs. R.S.Nayak & Another; (1992) 1 SCC 225; according to which, the right to speedy trial is implicit under Article 21 of the Constitution of India and trial should be concluded expeditiously. With the aforesaid, the instant application under Section 483 Cr.P.C. is disposed of. Order Date :- 21.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench