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Neutral Citation No. - 2025:AHC:83804 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1092 of 2025 Applicant :- Sonal Jain Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Pandey Balkrishna,Pawan Dev Pandey,Syed Muneel Abbas,Sr. Advocate 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. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Sessions Trial No. 1393 of 2024 in case crime no. 08 of 2022 under Sections 498A, 376, 354, 323 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Prayagraj pending in the Court of learned Additional Sessions Judge/ F.T.C., Court No.1, Prayagraj expeditiously within stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant before this Court is the informant/ victim in the aforesaid case. It is further submitted that the opposite party nos. 2 to 5, accused persons, are adopting all the delying tactics to make hinderence in the proceedings of this case. It is further submitted that the charges have been framed on 3.3.2025 and now the matter is fixed for evidence. 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. 7.
Since the applicant before this Court is the informant/ victim of the said case, she is expected to appear before the Court for recording her deposition and if she does so, within two months from today, the trial Court is expected to expedite the trial and shall proceed to finally dispose it of as early as possible. 8. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad