Neutral Citation No. - 2025:AHC:65643 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3975 of 2025 Applicant :- Vivek Kumar Shukla Assistant Divisional Officer Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Krishn Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred with the confined prayer for expeditious disposal of trial pending before learned Additional Session Judge/Special Judge, SC/ST Act, Chitrakoot in shape of Case No.648 of 2023 (State vs. Rajkumar and Others) arising out of Case Crime No.23 of 2023, under sections 147, 307, 332, 353, 427, 504, 506 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Bharatkoop, District- Chitrakoot. 3. With regard to fact of the matter, it has been submitted by learned counsel for applicant that earlier petition under Article 227 of the Constitution of India has been preferred which was decided vide order dated 21.01.2025, through which earlier petition was dismissed at that stage since prayer for expediting trial was not in the nature for considering the order-sheets available therein, but learned counsel for applicant submitted that applicant being the ADO is suffering from unnecessary delay caused in expediting the trial, which is apparent from the order-sheets available in the matter, which is on till date. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application since the same is not amenable under section 528 BNSS and once the applicant has already preferred petition under Article 227 of the Constitution of India and the liberty was already available for filing the same again and the same was dismissed at that stage, there is no cause of action arises in favour of applicant for preferring application under section 528 BNSS. 5. After having rival submissions extended by learned counsel for the parties, one thing is crystal clear that the earlier adjudication over the petition under Article 227 of the Constitution of India has been made only on the basis of order-sheets, which were available at that time and as such the petition was dismissed at that stage only. However, no merit of the matter has been dealt with while passing order dated 21.01.2025. 6. If in any case, inordinate delay has been created recurring cause of action for filing fresh, the same liberty is available in order dated 21.01.2025 and as such the instant applicant is not maintainable. 7. However, the applicant will be at liberty to prefer prayer for redressal of his grievances in shape of seeking expedite disposal of trial under Article 227 of the Constitution of India by way of filing petition for which the liberty is already available in order dated 21.01.2025. 8. The instant application stands disposed of accordingly. Order Date :- 28.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad