SMT. SUMAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/1114/2025 · 2025-05-13
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49734 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49734 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79152 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1114 of 2025 Applicant :- Smt. Suman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. For the State. 2. The present application U/s 529 BNSS has been filed by the applicant seeking direction to the Court of learned Additional Chief Judicial Magistrate-I, Gautam Buddh Nagar conclude the Criminal Case No. 518 of 2021 in Case Crime No. 122 of 2020 under Sections 323, 452, 506 I.P.C., Police Station- Dadari, District- Gautam Buddh Nagar expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicants that the applicants before this Court are the accused persons in the aforesaid case. It is further submitted that the case is pending for long at the stage of rest prosecution evidence but no formal witnesses were adduced by the prosecution since long and the accused applicants are running to the Court without any effective proceedings. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. The applicants 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 applicants 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. 7. The present application is accordingly disposed of with the aforesaid direction.
Order Date :- 14.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad