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Neutral Citation No. - 2025:AHC:69053 Court No. - 80 Case :- APPLICATION U/S 483 No. - 156 of 2025 Applicant :- Adesh Kumar Malik Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dharmendra Kumar Chaubey,Pravin Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. For the State. 2. The present application U/s 483 Cr.P.C. has been filed by the applicant seeking direction to the Court of Chief Judicial Magistrate, Gautam Buddh Nagar to conclude the Case No. 3478 of 2021 as well as Case No. 29705 of 2023 in Case Crime No. 856 of 2021 under Sections 420, 406, 506 I.P.C., Police Station- Beeta- 2, District- Gautam Buddh Nagar expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant before this Court is the informant and the case is pending since long at the stage of evidence. It is also submitted that the opposite party nos.2 and 3 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. It is further submitted that an Application U/S 482 Cr.P.C. No. 43801 of 2022 has been preferred by the opposite party nos. 2 and 3 but no stay order has been passed in the said proceeding
4. Learned AGA opposed the prayer. 5. The applicant has made a prayer for expeditious disposal of the aforementioned case in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad Vs State of U.P and others, (2024) 6 SCC 267 has held as under :-"Constitutional Courts, in the ordinary course, should refrain from fixing a
time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and…."
6. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the present case at this stage.
However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to decide the aforesaid case expeditiously without granting unnecessary adjournment to either of the parties. 7. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 1.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad