Smt. Suneeta v. State of U.P. Thru. Secy. Deptt. of Home, Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 483 No. - 840 of 2023 Applicant :- Smt. Suneeta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Harendra Pratap 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 under Section 483 Cr.P.C. has been preferred for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to pass an order allowing the petition thereby further directing to the further direct to the Additional District and Session Judge / first track court /C.A.W. Hardoi to hear the case on day to day basis bearing case crime no.239/2012, under section 376,323,504,506 I.P.C Act. Police Station Kachhauna, District Hardoi, and S. C. Case no.409/2019 parties "State versus Azad" as this Hon'ble Court may deem fit and proper." Considering the facts and circumstances of the case indicated in the application particularly the period of pendency of the criminal 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 :- 22.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench