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Neutral Citation No. - 2025:AHC:50276 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 706 of 2025 Applicant :- Dablu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shanker Pathak 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 expedite the Case No. 120 of 2017 arising out of case crime no. 192/ 2015 under Section 147, 323, 324, 504, 506 I.P.C., Police Sttaion- Chandaus, District- Aligarh pending in the Court of learned Judicial Magistrate, Court No. II, Aligarh 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 before this Court is the accused in the aforesaid matter. It is further submitted that it is a very old case pertaining to the year
2015. Charge sheet has already been filed by the I.O. but however some of the accused persons were exonerated during investigation and the complainant of this case has filed a protest petition in this connection, which is still pending. Submission made by the
learned counsel for the applicant at the bar that the said protest petition has been rejected as a separate miscellaneous case.
4. I have considered the submissions and perused the 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. In the circumstances, the Court concerned is directed to proceed with the case wherein charge sheet has been submitted and separate proceedings may take place in the protest petition filed by the complainant which as per learned counsel for the applicant has been registered separately as a miscellaneous case.
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 :- 8.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad