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Neutral Citation No. - 2025:AHC:68801 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 906 of 2025 Applicant :- Sri Brajpal Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal 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 Sessions Trial No. 177 of 2020 in case crime no. 62 of 2020 under Sections 323, 366, 376, 506 I.P.C., Police Station- Doghat, District- Baghpat pending in the Court of learned Additional District and Sessions Judge/ F.T.C. Court No.1, Baghpat 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 said criminal case is pending since 2020. It is also submitted that the applicant is the informant of the said case and his evidence has already been recorded, however, the rest of the witnesses are not appearing before the Court. The Court concerned is not taking proper interest in disposal of the said case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. The trial court is expected to invoke its power to ensure service of process upon the witnesses, which is sent under its seal and
order in order to procure the presence of the witnesses.
7. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the witnesses by sending appropriate process to them.
8. 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...."
9. 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.
10. The present application is accordingly disposed of with the aforesaid direction.
Order Date :- 1.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad