RAVINDRA KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS
NA529/270/2025 · 2025-05-12
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17401 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17401 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78075 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 270 of 2025 Applicant :- Ravindra Kumar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Singh Yadav 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 529 BNSS has been filed by the applicant seeking direction to the Court of Additional Chief Judicial Magistrate, Court No.9, Allahabad to decide the Case No. 1117 of 2021 in Case Crime No. 728 of 2017 under Sections 419, 420, 504, 506 I.P.C., Police Station- Soraon, District- Prayagraj expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant is the informant in the said case, which pertains to the year 2021. It is further submitted that the matter is pending at the stage of appearance of accused persons and the Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. 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…."
7. 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. 8.
The present application is accordingly disposed of with the aforesaid direction. Order Date :- 13.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad