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2025 DAILYLAW 54304 (ALL)

SHWETA SINGH v. STATE OF U.P. AND 3 OTHERS

NA529/1290/2025 · 2025-05-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80034 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1290 of 2025 Applicant :- Shweta Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Suneel Kumar Mishra 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. The present application U/s 529 BNSS has been filed by the applicant seeking direction to the Court of Civil Judge (J.D.)/ Fast Track Court (Offences against women), Bhadohi at Gyanpur to conclude the Case No. 54 of 2024 in Case Crime No. 0006 of 2023 under Sections 498A, 323, 504, 506 I.P.C., and 3/4 D.P. Act, Police Station - Mahila Thana, District- Bhadohi expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant before this Court is the aggrieved wife of the opposite party no.2 and the aforesaid case is pending for long at the stage of cross-examination of applicant herself as P.W.1. The Court concerned is not taking proper interest in disposal of the said case. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date. 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. Although, the trial Court seems to be vigilant and cautious for disposal of this case as charges were framed just on 17.3.2025 yet the trial Court is directed to make all endeavours for the expeditious disposal of this case where the applicant is the aggrieved wife. 7. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 15.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad