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2025 DAILYLAW 35459 (ALL)

PRASHANT v. STATE OF U.P. AND ANOTHER

NA529/650/2025 · 2025-04-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48732 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 650 of 2025 Applicant :- Prashant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to expedite the trial of the Criminal Case No.25397 of 2023 (State Vs. Vipin and others) arising out of case crime no.0053 of 2023 under Sections 147, 148, 149, 323, 452, 506 IPC, Police Station Hastinapur, District Meerut pending in the Court of Judicial Magistrate, Court No.3, Meerut, within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the applicant before this Court is an accused. The criminal case pertains to year 2023. Accused persons of this case have appeared before the court but however charges are not being framed by the trial court causing unnecessary delay in the proceedings of the trial. It is also submitted that the applicant has been selected for the Police Department but on account of pendency of the said trial, he is unable to join his service. Therefore, prayer has been made to conclude the aforesaid trial expeditiously within a stipulated period. 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. However, considering the fact that the case pertains to year 2023, the learned trial court is directed to make all possible endeavours to expedite the trial of the aforesaid case and to conclude it expeditiously without granting any unnecessary adjournment to either of the parties. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 3.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad