Neutral Citation No. - 2025:AHC:82268 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1443 of 2025 Applicant :- Mohammad Shamim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gorakh Nath Mourya 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 Criminal Case No. 30596 of 2024, arising out of case crime no. 175 of 2023, under Sections 420, 406 IPC, P.S. Mainather, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Moradabad, 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 of the said case and present case is pending at the stage of appearance of the accused persons / opposite party nos. 2 and 3. It is also submitted that the opposite party nos.2 and 3 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said. It is also submitted that earlier they were granted interim anticipatory bail vide order dated 25.7.2023 passed by the Sessions Court at Moradabad but now they are not appearing and no action is being taken against them. The Court concerned is also not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2024 at the stage of appearance of opposite party nos.2 and 3. They are not cooperating with the progress of the case. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused/ opposite party nos.2 and 3 by sending appropriate process to them as early as possible. 6. 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." 7. 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, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 17.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad