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2025 DAILYLAW 38482 (ALL)

RAM JATAN v. STATE OF U.P. AND 4 OTHERS

NA529/873/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56081 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 873 of 2025 Applicant :- Ram Jatan Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Raghvendra Yadav,Rajesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. For the State. 2. The present application 529 BNSS has been filed by the applicant seeking direction to the Court of learned Special Judge, Prayagraj to conclude Sessions Trial No. 254 of 2022 arising out Case Crime No. 39 of 2022 under Sections 34, 419, 420, 467, 468, 471, 406, 506 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station- Cantt, District- Prayagraj expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant before this Court is the informant in the aforesaid trial and the said trial is pending since 2022 and no witnesses as P.W.-1, the informant has been examined so far. It is alleged that the trial court is not taking proper interest in the expeditious disposal of this case. 4. Learned AGA opposed the prayer. 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. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to conclude the evidence of all the prosecution witnesses as early as possible without granting unnecessary adjournment to either of the parties. 7. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 16.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad