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2025 DAILYLAW 56968 (ALL)

KUSUM DEVI ALIAS KUSUM YADAV v. STATE OF U.P.

NA529/1418/2025 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81707 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1418 of 2025 Applicant :- Kusum Devi Alias Kusum Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandramani Singh,Saurabh 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 Case No. 659 of 2023 in case crime no. 105 of 2023 under Sections 306, 504, 506 I.P.C., Police Station- Robertsganj, District- Sonbhadra pending in the Court of learned Sessions Judge, Bonbhadra 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 applicant before this Court is the informant in the said case, which pertains to the year 2023. It is further submitted that only three witnesses have been examined so far. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. From perusal of the record it appears that the trial Court is taking proper interest in the expeditious disposal of this case and the case is not very old. 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 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. 8. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 16.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad