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2025 DAILYLAW 56271 (ALL)

MANVEER v. STATE OF U.P. AND ANOTHER

NA529/1323/2025 · 2025-05-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79624 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1323 of 2025 Applicant :- Manveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sharan Tripathi 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 Session Trial No.657 of 2021 (State Vs. Raju and others) arising out of case crime no.91 of 2020 under Sections 302, 201, 120-B IPC, Police Station Pisawa, District Aligarh pending in the Court of Addl. District & Session Judge, Court No.4, Aligarh, 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 is one of the accused in this case, which is pending since 2021. It is still pending at the stage of evidence. However, learned counsel for the applicant fairly conceded that seven prosecution witness have been examined so far but since number of witnesses are still to be examined, the trial court may be given a direction for the expeditious disposal of the case. 4. I have considered the submissions and perused the entire record. 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. 7. In the circumstances, the court concerned is directed to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, keeping in view the work load in the said Court, if there is no other legal impediment. 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 :- 12.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad