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Neutral Citation No. - 2025:AHC:45590 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 644 of 2025 Applicant :- Ritika Tripathi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 79612 of 2021 arising out of case crime no. 11 of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Kanpur Nagar pending in the Court of Additional Civil Judge (J.D.)-7 Kanpur Nagar expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the informant in the aforesaid case and in the said case charge sheet has been filed in the year 2021 but however, since the accused persons are not appearing before the trial Court, the matter is unnecessarily pending. It is further submitted that the Court concerned is not taking proper interest to ensure the appearance of the said accused before it. It is also submitted that the case is still at the stage of appearance. 4. I have considered the submissions and perused the entire record. 5. 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"
6. 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. 7.
In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 4 by sending appropriate process to them within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 2.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad