Neutral Citation No. - 2025:AHC:124827 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 712 of 2025 Applicant :- Vishnu Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Reema Pandey,Saurabh Raj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Reema Pandey, learned counsel for the applicant and Sri Manish Goyal, learned Additional Advocate General assisted by Sri J.K.Upadhyay, learned AGA, for the State. 2. The instant application has been moved by applicant with the prayer to direct the Session Court (MP/MLA), Bhadohi to decide Session Trial No. 398 of 2023 (State Vs. Vishnu Mishra and others) arising out of FIR dated 04.08.2022 having Case Crime No. 230 of 2022, under Sections 3,7,25 Arms Act, Police Station Gopiganj, District Sant Ravidas Nagar (Bhadohi), expeditiously. 3. Learned counsel for the applicant submits that the instant matter relates to MP/MLA Court as one of the accused, i.e., father of the applicant, was Ex-MLA. 4. She further submits that the instant application has been filed by the applicant with the prayer to direct the trial court to expedite the trial and conclude the same within stipulated period of time. 5. She further submits that FIR of the present case was lodged against the applicant and others in the year 2022 and thereafter charge sheet was filed in the same year and in the year 2023 case has been committed to the court of Sessions and on 16.4.2024 charges although have been framed but till date out of 31 witnesses of the charge sheet only three witnesses could be examined. 6. She further submits that however, Constitution Bench of the Apex Court in the case of High Court Bar Association Vs. State of U.P. and others, 2024(6) SCC 267 has held that ordinarily this Court should not direct the court concerned to decide a criminal case within a stipulated period of time but as the present matter relates to Ex.-MLA and trial of the case is pending before MP/MLA Court, therefore, in view of the observations made by the Apex Court in the case of Ashwani Kumar Upadhyay Vs. Union of India and others (2024) 1 SCC 185 such direction may be given to the court concerned. She further submits, even in case of High Court Bar Association (supra) Apex Court held that in appropriate cases such direction may be issued. 7. At this stage learned Additional Advocate General submits that he is having no objection, if direction is given to the court concerned to conclude the trial, expeditiously, without granting any unnecessary adjournment to either of the parties, considering the fact that the matter relates to Ex-MLA. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, the Constitution Bench of the Apex Court in the case of High Court Bar Association (supra) observed that ordinarily this Court should not give direction to conclude the trial within stipulated time but in that case Supreme Court also observed that in the interest of justice in appropriate cases such direction can be given. 10. Further, present matter relates to Ex-MLA and the Apex Court in the case of Ashwani Kumar Upadhyaya (supra) observed that matter relates to MP/MLA should be tried expeditiously. 11. Further, learned Additional Advocate General is having no objection if a direction is given to the court concerned to expedite the trial. 12. In view of the above, trial court is directed to conclude the trial of the case, as expeditiously as possible, preferably within a period of one year from the date of production of the certified copy of this order in accordance with law without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 13. The instant application stands finally disposed of. Order Date :- 29.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad