Neutral Citation No. - 2025:AHC:82300 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7309 of 2025 Applicant :- Sri. Ajay Seth Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sabya Sachee Rai,Suneel Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned A.G.A. For the State. 2. The present application U/s 528 BNSS has been filed by applicant with the following relief:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the Additional District Judge/Fast track Court No.01 Ghazipur to expedite and decide the Sessions Trial No.64 of 2018 Case Crime No.1142 of 2015 under Section 498A, 323, 504, 316, 506, 326 I.P.C. Police Station- saidpur, District - Ghazipur to pass appropriate order to ensure the conclusion of trial at earliest so applicant can prove his innocence in the above noted case." 3. Learned counsel for the applicant submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by learned counsel for the applicant that the applicant is the accused before the court concerned. 4. Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present application may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others – 2023 INSC 150. 5. The prayer in the present application by the applicant is for disposal of the above mentioned case in a time bound manner. The Supreme Court in a recent judgement dated 29/2/2024 being High Court Bar Association, Allahabad Vs State of U.P and others (supra) 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 at this stage. Considering the nature of prayer made by counsel for the applicant, the interest of justice would be served, in the event, the applicant applies before the court concerned for expeditious disposal of the above mentioned case. 7. In view of the aforesaid, the present application is disposed of with liberty to the applicant to prefer an application before the court concerned for disposal of the above mentioned case in a time bound manner. In the event any such application is filed by the applicant before the court concerned, the court concerned shall consider the same and pass appropriate order in accordance with law. It goes without saying that the prosecution shall co-operate in the trial court proceeding and shall produce the prosecution witness without delay. The accused person shall also not be granted any unnecessary adjournment by the court concerned. 8. It is also provided that in the event there is any legal impediment before the court concerned in disposal of the case, then the court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with. 9. The present application under Section 528 BNSS is accordingly disposed of with the aforesaid direction. Order Date :- 17.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad