DURGA PRASAD YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A483/571/2025 · 2025-07-29
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154244 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43677 Court No. - 12 Case :- APPLICATION U/S 483 No. - 571 of 2025 Applicant :- Durga Prasad Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pooja Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Ms.Pooja Srivastava, learned counsel for the applicant and learned A.G.A. This application under Section 483 Cr.P.C./529 of BNSS has been filed for a direction for expeditious disposal of Case No.6155 of 2022 filed under Section 138 of the Negotiable Instrument Act, 1881, which has been filed in the year 2022. Perusal of the order sheet indicates that the court is making earnest endeavour to decide the case and it has also issued bailable warrants and thereafter even the case was fixed for statement under Section 251 Cr.P.C. The applicant had not appeared, therefore, the case was fixed for framing of charge. The order sheet w.e.f. 15.02.2025 onwards is not filed, 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 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 application is dismissed. .. .................. .......................................(Rajnish Kumar,J.) Order Date :- 29.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench