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Neutral Citation No. - 2025:AHC:90217 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1385 of 2025 Applicant :- Umesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnesh Kumar 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. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 1560 of 2017 in case crime no. 527 of 2016 under Sections 498A, 323, 506 I.P.C., and 3/4 D.P. Act, Police Station- Bharthana, District-Etawah pending in the Court of learned Additional Chief Judicial Magistrate, First, Etawah expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicant that the the applicant before this Court is one of the accused person. It is further submitted that the matter is pending since long at the stage of evidence of P.W.1 but since the witnesses are not cooperating with the trial Court the matter is pending unnecessarily. It is further submitted that an Application U/S 482 Cr.P.C. has been moved by the present applicant and this Court had directed the applicant to move discharge application before the trial Court but however, the said application has not been moved so far. The Court concerned is not taking proper interest in disposal of the said case. 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.
However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to decide the aforesaid case expeditiously without granting unnecessary adjournment to either of the parties. Order Date :- 27.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad