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Neutral Citation No. - 2025:AHC:77012 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1336 of 2025 Applicant :- Harigulal Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 4550 of 2022 (State Vs. Ram alias Bhriguraj and others), arising out of Case Crime No. 295 of 2022, under Sections 498A, 323, 504, 506, 325 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Chhata, District Mathura, pending in the court of learned Civil judge Junior Division/Judicial Magistrate, Chhata, Mathura, expeditiously within a 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 before this Court is informant. It is further submitted that the said case is pending since the year 2022 and examination-in- chief of PW-1 has been recorded but the matter is pending at the stage of cross-examination of PW-1. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 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; 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. In the facts and circumstances of the case, the learned trial court is directed to make all efforts to decide Case No. 4550 of 2022 (State Vs.
Ram alias Bhriguraj and others), arising out of Case Crime No. 295 of 2022, under Sections 498A, 323, 504, 506, 325 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Chhata, District Mathura, pending in the court of learned Civil judge Junior Division/Judicial Magistrate, Chhata, Mathura, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 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 execution authorities, advocates, parties to the case, staff 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 :- 12.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad