Supreme Court · 2013 INSC 510 · Decided 2 August 2013
Dharmendra Kirthal v. State of U.P. and Another
- Court
- Supreme Court of India
- Citation
- 2013 INSC 510 · [2013] 7 S.C.R. 823
- Case number
- WRIT PETITION (CIVIL) No. 100/2010
- Decided
- 2 August 2013
- Bench
- H.L. GOKHALE, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 14, 21, 22(4)
Headnote
UTTAR PRADESH GANGSTERS AND ANTI SOCIAL ACTIVITIES (PREVENTION) ACT, 1986: A B c s. 12 - Trial by Special Courts to have precedence - Constitutional validity of - Held: Legislature has incorporated such a provision so that an accused does not face trial in two cases simultaneously and a case linger owing to clash of dates in trial - Emphasis is 0 on speedy trial and not denial or it - As the trial under the Act would be in progress, the accused would have the fullest opportunity to defend himself and there cannot be denial of fair trial - Thus, the provision does not frustrate the
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