Neutral Citation No. - 2025:AHC:79153 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1132 of 2025 Applicant :- Nisha Singh Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahtab Alam,Mohammad Yaseen 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 Case No. 2299 of 2006, arising out of case crime no. 21 of 2006, under Sections 498- A, 323, 504, 506 IPC and 3/4 Domestic Violence Act, Police Station Phoolpur, District Allahabad, pending in the Court of J.M. 4th, Allahabad 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 applicant is the informant in the said case and same is pending since 2006. It is also submitted that the opposite party nos. 2 to 4 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of appearance of the accused persons. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of appearance of the accused persons. It also appears that the summoning order passed by the trial court was challenged before this Court through application U/S 482 No. 4032 of 2010 and the trial court passed an order dated 7.3.2017 that the stay order passed in the said proceeding by this Court has been vacated and the matter was restarted for the appearance of the accused persons and since then the accused persons are not appearing and the case is lingering on unnecessarily. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure their presence. 7. 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." 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said case 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 case, as the case is an old case, 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 :- 14.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad