Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 53761 (ALL)

VINOD KUMAR PAL v. STATE OF U.P. AND 7 OTHERS

NA529/1305/2025 · 2025-05-08

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75491 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1305 of 2025 Applicant :- Vinod Kumar Pal Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ajay Kumar Pal,Ashok Kumar 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 Sessions Trial No 95 of 2024 (State versus Uma Shankar Pal and 6 others), arising out of Case Crime No. 49 of 2023, under Sections 147, 323, 504, 506, 325, 308 IPC, Police Station Newadhiaya, District Jaunpur pending in the Court of Additional District and Sessions Judge Fourth Jaunpur, 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 aforesaid case is pending since 2024. A discharge application has been moved by opposite party nos. 2 to 8/accused persons but it has not yet been decided. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. 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......." 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. 8. 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. keeping in view the heavy work load in the said Court. 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 :- 9.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad