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IN THE HIGH COURT OF ALLAHABAD
Rajeev Misra, J.
Rajni – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application for expeditious trial (Para 3) |
| 2. court's order on application (Para 4) |
| 3. next hearing date (Para 5 , 6 , 7 , 8 , 9) |
JUDGMENT :
1. Heard Ms. Muskan Pandey, the learned counsel for applicant, Mr. J.K. Upadhyay, the learned A.G.A.-1st for State-opposite party-1 and Mr. Shailendra Kumar Singh, the learned counsel representing accused/opposite party-12.
3. Applicant-Smt. Rajni has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-
And/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case."
"1. Heard learned counsel for applicant, Mr. Manish Goel, learned Additional Advocate General assisted by Mr. J.K. Upadhyay, learned Additional Government Advocate appearing for opposite party no.1 State, Mr. Atiqur Rahman Siddiqui, learned counsel for opposite parties no.4 & 5 and Mr. Shailendra Kumar Singh, learned counsel for opposite party no.12 whose power filed today in Court is taken on record.
3. Application under Section 482 Cr.P.C. has been filed seeking expeditious conclusion of Sessions Trial No. 28 of 2024; State vs. Suryakant @ Shanu & Oth
The court emphasized the necessity of timely trial proceedings to prevent evidence tampering and directed Jail Authorities to ensure the presence of accused during trials.
The right to a speedy trial under Article 21 mandates that trials should not be unduly delayed, balancing procedural fairness with judicial efficiency.
The main legal point established is that once the examination of a witness begins, the trial should proceed continuously, with adjournments only granted for the strongest possible reasons, and the du....
The right to a speedy trial is fundamental for both the accused and the victim, necessitating timely judicial proceedings.
The right to a speedy trial is integral to the right to free and fair trial under Article 21, impacted by delays and the non-availability of documentary evidence.
Since the provisions which engraft an exception use the phrase ‘may’ with reference to conducting a joint trial, a separate trial is usually not contrary to law even if a joint trial could be conduct....
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
The right to a speedy trial is fundamental, requiring trial courts to avoid unnecessary adjournments and ensure timely witness examination.
Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to ju....
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