Allahabad High Court
Lakshmi Chamar vs State Of U.P. on 6 April, 2022
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- APPLICATION U/S 482 No. - 22798 of 2021 Applicant :- Lakshmi Chamar Opposite Party :- State of U.P. Counsel for Applicant :- Qamrul Hasan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
The present petition under Section 482 Cr.P.C. has been preferred by the applicant with the prayer that this Court may graciously be pleased to direct the court below i.e. Special Judge, SC/ST Act, Banda to decide the Special Trial No.10 of 2005 (Case Crime No.55 of 2004), State vs. Chandrapal and others, under Section 147, 148, 149, 304, 323, 504, 506, 427 IPC and Section 3(2)V SC/ST Act, Police Station - Atarra, District - Banda, which is pending since 2005, expeditiously on day to day basis.
Learned counsel for the applicant has submitted that the case was listed before the court concerned on several dates but the same has not been decided and is pending since 2005. It is further submitted that it is a right of the litigant to get the speedy trial, so the matter is to be decided expeditiously as possible, and every endeavor should be made for early disposal of the same, so a direction may be issued for early disposal of the aforesaid case.
Learned A.G.A. has not opposed the prayer made by the learned counsel for the applicant for early disposal of the case.
After hearing the learned counsel for the parties and going through the record, it is found that it is an undisputed fact in the present case that the case is pending since 2005 and more than 16 years have been passed but the trial is still pending.
The right of speedy trial is facet of Article 21 of the Constitution of India. The concept of speedy trial is to be read in Article 21 of Constitution of India as essential part of fundamental right.
As per the discussion made hereinabove, the present petition is disposed of with direction to the court concerned to decide the Special Trial No.10 of 2005 (Case Crime No.55 of 2004), State vs. Chandrapal and others, under Section 147, 148, 149, 304, 323, 504, 506, 427 IPC and Section 3(2)V SC/ST Act, Police Station - Atarra, District - Banda, pending in the court of Special Judge, SC/ST Act, Banda, within eight months from the date of certified copy of this order is served without granting unnecessary adjournment to the parties. If any adjournment is sought, a short date may be fixed in the matter.
Order Date :- 6.4.2022 S. Kumar