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2025 DAILYLAW 57018 (ALL)

RAVINDRA PRAJAPATI v. STATE OF U.P. AND ANOTHER

NA529/1419/2025 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81686 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1419 of 2025 Applicant :- Ravindra Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Pandey 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 Trial No. 260 of 2022 in case crime no. 1179 of 2015 under Sections 147, 148, 323, 504, 506, 332, 333, 353, 186, 427 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Khadda, District- Kushinagar pending in the Court of learned Additional District Judge/ Fast Track Court No.II, Kushinagar 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 accused in the said criminal case. It is further submitted that there are number of prosecution witnesses and only one witness has been examined so far and the prosecution is not taking proper interest in adducing evidence before the Court causing unnecessary delay in disposal of the present session trial. 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 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