ASHOK KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 2 OTHERS
A483/560/2025 · 2025-07-28
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43311 Court No. - 12 Case :- APPLICATION U/S 483 No. - 560 of 2025 Applicant :- Ashok Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Anuj Dayal,Reshu Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Anuj Dayal, learned counsel for the applicant and learned A.G.A. This petition under Section 483 Cr.P.C./529 of BNSS has been filed for a direction for disposal of application under Section 195/340 Cr.P.C. filed by the applicant.
Learned counsel for the applicant submits that an application has been filed by the applicant in proceedings under Section 24 of Hindu Marriage Act 1955 and more than one year has passed, but till date the same has not been disposed of. Per contra, learned A.G.A. relying on a judgement of Hon'ble Supreme Court, in the case M.Gopalakrishnan & Ors. Versus Pasumpon Muthuramalingam & Anr; Special Leave Petition (Criminal)Diary No.(s).30839 of 2021 submits that no such direction can be issued by this court. Even otherwise the submission is that on the last date itself the applicant had not appeared and the case is fixed for orders on the next date. The applicant has also been directed to take steps within seven days. In regard to which learned counsel for the applicant submits that the steps have been taken. Be that as it may, as the case has already been fixed for orders, therefore, this court is not inclined to issue any direction at this stage. Even otherwise in view of law laid down by the Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad Versus State of U.P.; 2024(6) SCC 267 that the constitutional courts in ordinary course should refrain from fixing a time bound schedule for disposal of cases pending before any other courts unless it is necessary and unavoidable and the aforesaid report relied by learned A.G.A., the
application in this regard, if any, can be moved by the parties before the concerned court, if required, at appropriate stage, which may be considered by the concerned court in accordance with law and proceed accordingly. With the aforesaid, this petition is dismissed. . . .................. .......................................(Rajnish Kumar,J.)
Order Date :- 28.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench