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2025 DAILYLAW 32988 (ALL)

NEERAJ KUMAR AGRAHARI v. STATE OF U.P. AND ANOTHER

NA529/732/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50543 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 732 of 2025 Applicant :- Neeraj Kumar Agrahari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Naveen Kumar Yadav 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.15712 of 2020, arising out of case crime no. 55 of 2019, under Sections419, 420, 467, 468, 469, 471 IPC and 66-D I.T. Act, Police Station Cantt., District Kanpur Nagar, pending in the Court of Chief Judicial Magistrate, Kanpur Nagar expeditiously within 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 said case and same is pending since 2020. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of evidence. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence since long. Evidence of informant / PW-1 has been concluded but however other witnesses are not turning up causing unnecessarily delay in the trial. 7. 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......." 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid case, as the case is an old case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 9. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, 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. 10. With the above observations, the application stands disposed of. Order Date :- 8.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad