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Neutral Citation No. - 2025:AHC:83731 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 961 of 2025 Applicant :- Fajruddin Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Learned counsel for the applicant is permitted implead accused persons as opposite party nos.2 to 6 in the array of parties, during the course of the day. 2. This application under Section 529 BNSS has been filed with a prayer to direct the Additional District & Session Judge/ SC/ST Act, Hapur to decide the Session Case No.145 of 2024 (State Vs. Jafru and others), arising out of Case Crime No.573 of 2023, under Sections 147, 148, 336, 323, 304, 34, 504 I.P.C., P.S. Pilkhuwa, District Hapur, within a stipulated time period. 3. Heard learned counsel for the applicant as well as learned A.G.A.
4. It is submitted that the applicant before this Court is the informant. It is further submitted that the informant has been examined and examination in chief of PW2 was also recorded but the accused persons are not appearing to conduct cross- examination of PW-2. 5. I have considered the submissions and perused the record. 6. The trial court is expected to proceed to conduct the cross- examination of PW-2, within a period of two months from today. 7. The applicant has made a prayer for expeditious disposal of the aforementioned application 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."
8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said application at this stage.
However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid application, if there is no legal impediment. It is further
directed that no unnecessary adjournment will be sought/granted.
9. 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.
10. With the above observations, the application stands disposed of.
Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad