Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82206 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1446 of 2025 Applicant :- Khalid Aziz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjiv Kumar Dwivedi 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 Criminal Misc. Application No. 1550 of 2023 under Section 340 CrPC arising out of complaint case no. 27507 of 2023, pending in the Court of Additional Chief Judicial Magistrate, Meerut, 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 aforesaid case is pending since 2023. False affidavit on behalf of the opposite party no. 2 was filed in Case No. 27507 of 2023. In this connection an application u/s 340 CrPC dated 11.8.2023 was moved by the present applicant. The said application is pending and the Court concerned is not taking proper interest in disposal of the same. It is also submitted that the opposite party no. 2 is adopting delaying tactics in disposal of the said application and only dates are being fixed in the matter. No sincere efforts are being made by the Court concerned to procure the presence of the opposite party no.2
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 application 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."
7. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said application at this stage.
However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid application keeping in view the work load in the said Court, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 17.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad